INDIVIDUAL USER TERMS OF SERVICE
1.1 Welcome to the SeaTalk platform (the "Platform"). Please read these Individual User Terms of Service (“Terms of Service”) carefully before using the Platform or opening a SeaTalk account ("Account") so that you are aware of your legal rights and obligations with respect to SeaTalk Private Limited and its affiliates and subsidiaries (individually and collectively, "SeaTalk", "we", "us" or "our").
1.2 The "Services" we provide or make available include the Platform and its related websites, services, products, sub-applications within the Platform, standalone applications associated with the Platform, software program and content. Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of the Services provided by SeaTalk.
1.4 SeaTalk reserves the right to change, modify, suspend or discontinue all or any part of the Platform or the Services at any time or upon notice as required by local laws. SeaTalk may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. SeaTalk may also impose limits on certain features or restrict your access to parts of, or the entire, Platform or Services in its sole discretion and without notice or liability.
1.5 SeaTalk reserves the right to refuse to provide you access to the Platform or Services or to allow you to open an Account for any reason.
BY USING THE SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THESE TERMS OF SERVICE, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THESE TERMS OF SERVICE ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2. PERSONAL USERS, AUTHORIZED USERS AND CORPORATE CUSTOMERS
2.1 If you are an individual user using the Services for personal use (“Personal User”), you may register a personal account and access the Services for personal use only. Personal Users may upload, review or delete User Content or personal data in their sole discretion as permitted by law and these Terms of Service.
2.2 If you have been authorized or invited to use certain Services by your employer or other third party who has separately agreed to the Corporate Customer Terms of Service and/or entered into a subscription agreement with us ("Corporate Customer"), you will be deemed as an “Authorised User” of the associated Corporate Customer. The Corporate Customer will be allocated their own dedicated workplaces on the Services in connection with Customer’s subscription to the Services (each, a “Workplace”). Customer may invite you to use their Workplace or certain aspects of the Services by sending you (or directing us to send you) a verification code, invite-link or other means of authorizing you to access the Customer’s Workplace or access parts of the Services. You agree not to share or distribute the verification code, invite-link or other authorization method you receive with or to any other persons other than administrative personnel of the Customer that invited you to use the applicable Workplace.
2.3 Further, when Authorised Users submit content or information to a Corporate Customer’s Workplace or otherwise through your use of the Services, including messages, chats, documents, information, communications, scripts, chatbots, apps or User Content (defined below) and any other content (“Corporate Customer Data”), you acknowledge and agree that Corporate Customer owns all rights to and control any such Corporate Customer Data that is submitted, posted, stored or otherwise made available on its Workplace.
2.4 You agree that we may provide Corporate Customer with tools and controls over your use of their Workplaces and the Corporate Customer Data submitted, posted, stored or otherwise made available on to such Workplaces. For example, Corporate Customer has complete access to and control over the Corporate Customer Data, may enable or disable your access to their Workplaces, review, edit and remove the Corporate Customer Data, grant access to the Corporate Customer Data to third parties, enable or disable third party integrations, manage your permissions, retention and export settings when on Corporate Customer’s Workplace, and many other choices.
2.5 In the event of a conflict between these Terms of Service and the Corporate Customer Terms of Service or a separate agreement between Corporate Customer and us, the terms of the Corporate Customer Terms of Service or such separate agreement will supersede and control with respect to your use of the Services. If you are using the Workplace of a Corporate Customer who employs or engages you as a contractor, you acknowledge that such Workplace as used by you under such circumstances are a Workplace tool intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply in connection with such use of the Services.
3. YOUR ACCOUNT WITH US
3.1 When you create an Account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us in order to keep such information current and complete.
3.2 It is important that you keep your Account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your Account, you must promptly notify us.
3.3 You agree that you are solely responsible (to us and others) for all activities that occur under your Account. We reserve the right to disable your Account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
3.4 For certain Services that do not require an Account to access, you agree to comply with these Terms for the use of that Services. We reserve the right to terminate your access to all or part of the Services at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
3.5 If you no longer want to use our Services, and would like your account deleted, we can take care of this for you. Please contact us via our website, and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
4. YOUR ACCESS TO AND USE OF OUR SERVICES
4.1 As between you and SeaTalk, content on the Services (except User Content), including the text, software, logos, patents, trademarks, service marks, copyrights, and "look and feel" of the Services, and all intellectual property rights related thereto ("SeaTalk Content"), is either owned or licensed by SeaTalk.
4.2 Subject to the terms and conditions of these Terms of Service, we grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services and to access the SeaTalk Content solely through your use of the Services. We reserve all rights not expressly granted herein in the Services and the SeaTalk Content. You acknowledge and agree that we may terminate this license at any time for any reason or for no reason at any time.
4.3 You may access SeaTalk Content for your use solely to access a Workspace to which you are invited by a Corporate Customer and as permitted under these Terms of Service. Use of SeaTalk Content or materials from the Services for any purpose not expressly permitted by these Terms of Service is strictly prohibited. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any SeaTalk Content for any purpose whatsoever without our or, where applicable, our licensors' prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
4.4 You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any User Content. You further understand and acknowledge that, as the Services allow Users to post their own User Content for viewing by other Users, you may be exposed to content through the use of the Services that is offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SeaTalk with respect thereto.
4.5 You acknowledge that our automated systems may analyze content that you share with us including emails that you may choose to share through your use of any third party integrations to detect spam and malware including when content is sent, received and saved.
4.6 We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason. Some of the reasons we may remove or disable access to content may include finding the content to be objectionable, in violation of these Terms of Service, or otherwise harmful to the Services or our users.
5. ACCEPTABLE USE
5.1 You must not:
(a) use the Services if you are under the age of 18 or if you are not fully able and legally competent;
(b) use the Services in any way that is tortious, unlawful or fraudulent, or has any tortious, unlawful or fraudulent purpose or effect;
(c) use the Services to do anything which will or may infringe any intellectual property or privacy or data protection rights of any person (natural or legal);
(d) disclose to anyone your password or account information or facilitate another person's access to your account;
(e) to the greatest extent permitted under applicable law, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Platform or any derivative works thereof;
(f) use the Services (including any software) with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, any element protected by copyright laws;
(g) distribute, license, transfer, market, rent, lease or sell, in whole or in part, any of the Services (for a fee or otherwise) or any derivative works thereof;
(h) except as permitted by applicable law, interfere with or attempt to interfere with the proper working of the Services or any equipment, software or networks used to provide or connected in any way to the Services or any third-party use of the Services;
(i) bypass any measures we may use to prevent or restrict access to the Services;
(j) incorporate the Services or any portion thereof into any other program or product;
(k) unless expressly permitted by us, use any automated functionality (e.g. scripts, robots, spiders, scrapers, crawlers) to collect information from or otherwise interact with the Services;
(l) impersonate any person (natural or legal), create a false identity on the Service, misrepresent your affiliation with any person, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services or SeaTalk;
(m) use the Services:
(i) to communicate, transfer, share, publish, disseminate or leak any state secrets;
(ii) to bully, insult, intimidate, humiliate or harass another;
(iii) in any manner that may harm children;
(iv) use the Services (a) to create a commercial offering or services directly or indirectly competing with an offering or services from SeaTalk, or (b) for the benefit of any person or entity where such use may result in the creation of a commercial offering or services directly or indirectly competitive with an offering or service from SeaTalk.
(v) to obtain contact details for the purpose of, or use such contact details to, undertake unsolicited or unauthorized advertising;
(n) use the Services to upload, send, transmit, distribute, disseminate, store or otherwise make available in any way (including for the purposes of creating and/or streaming content):
(i) data, software, files or links that results in viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or other material or computer code that is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware;
(ii) any unsolicited or unauthorized advertising or promotional materials, including "junk mail", "spam", "chain letters", "pyramid schemes", or any other prohibited form of solicitation;
(iii) any sensitive private information of any person without that person’s authorization, including but not limited to, health information or credit card numbers;
(iv) any content that could cause any person, including you, to be in breach of any contractual obligations or fiduciary duties, including any confidentiality obligations;
(v) any content which does or may infringe any copyright, trademark or other intellectual property or privacy or data protection rights of any other person;
(vi) any content which is deceptive or defamatory of any person, obscene, offensive, threatening hateful or inflammatory;
(vii) any content that would constitute, encourage, promote or provide instructions for any illegal or dangerous activities (including violence) or self-harm;
(viii) any content which advocates, promotes, incites any party to commit, or assists any unlawful or criminal act or that directly or indirectly encourages or induces the commission, preparation or instigation of acts of terrorism;
(ix) any content that is deliberately designed to provoke or antagonize people, especially trolling, or is intended to harass, scare, distress, alarm, annoy, inconvenience embarrass, cause anxiety or upset people;
(x) any content promoting sexually explicit material (including child sex abuse material) or provokes or promotes hatred, violence or discrimination including where the same is racist or discriminatory, including on the basis of someone's race, religion, age, gender, disability or sexuality;
(xi) any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
(xii) content that, in the sole judgment of SeaTalk, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose SeaTalk, the Services or its users to any harm or liability of any type.
6.1 If you elect to provide any feedback or comments to SeaTalk related to the Services ("Feedback"), all such Feedback shall be the sole and exclusive property of SeaTalk, and you hereby assign any right, title or interest you may have in such Feedback to SeaTalk.
6.2 SeaTalk shall have the right to use and disclose such Feedback in any manner and for any purpose in SeaTalk’s discretion without remuneration, compensation or attribution to you, provided that SeaTalk is under no obligation to use such Feedback.
6.3 Notwithstanding anything herein to the contrary, SeaTalk may use and publish your testimonials and Feedback regarding the Services in publications, presentations and marketing assets used by SeaTalk.
7. USER CONTENT
7.1. Without prejudice to Section 2 of these Terms of Service, Users may be permitted to upload, post, submit, create or send digital information or materials (“User Content”) to or through the Services. Users may also overlay or add graphics, stickers, emojis and other elements provided by SeaTalk (“SeaTalk Elements”) onto User Content and transmit User Content through the Services. The information and materials in the User Content, including User Content that incorporates SeaTalk Elements, have not been verified or approved by us. SeaTalk does not endorse any User Content submitted to or sent through the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein.
7.2 Whenever you make use of a feature that allows you to upload or transmit User Content through the Services or allows you to make contact with other users of the Services, you must comply with the standards set out in Section 4 "Your Access to and Use of Our Services" above. You acknowledge and agree that any such User Content that you upload, transmit or otherwise make available through the Services does comply with those standards.
7.3 Note that other users may continue to use and allow other persons to use your User Content independently, even after such User Content has been deleted from the Services, for example, if the user has created copies of your User Content and stored such User Content on their own account.
7.4 You shall be solely responsible for your own User Content and the consequences of posting, submitting or sending your User Content on or to the Services. You further agree that you will not submit to the Services any User Content or other material that is contrary to applicable local, national, and international laws and regulations.
7.5 We accept no liability in respect of any content submitted by users of the Services.
7.6 Note also that while we may allow you to store certain User Content on the Services, such as documents, chat histories, images, and other types of content, we make no guarantee of the availability of such User Content. We have the right to remove any User Content (including messages or documents you upload to the Workspace) without prior notice if, in our opinion, your User Content does not comply with these Terms of Service including the content standards set out in Section 4 "Your Access to and Use of Our Services" above.
7.7 SeaTalk takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is SeaTalk’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who infringe copyrights or intellectual property rights of others.
(ii) agree and acknowledge that the proprietary rights of your User information are jointly owned by you and SeaTalk; and
(iii) shall not, whether directly or indirectly, disclose your User information to any third party, or otherwise allow any third party to access or use your User information, without our prior written consent.
8.2. Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. SeaTalk reserves all rights to the software not expressly granted by SeaTalk hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by SeaTalk.
10. VIOLATION OF OUR TERMS OF SERVICE
10.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
- Limits placed on Account privileges
- Account suspension and subsequent termination
- Criminal charges
- Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
10.2 If you believe a User on our Platform is violating these Terms of Service, please contact firstname.lastname@example.org.
11.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SEATALK OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEATALK DOES NOT WARRANT THAT THE SERVICES, THIS PLATFORM OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS PLATFORM AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
11.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11.3 SEATALK HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE SEATALK AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
12. EXCLUSIONS AND LIMITATIONS OF LIABILITY
12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEATALK BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF SEATALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
12.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, SEATALK IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE SEATALK GUARANTEE; AND (B) SG $100 (ONE HUNDRED SINGAPORE DOLLARS).
12.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY SEATALK’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF SEATALK THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
13. YOUR CONTRIBUTIONS TO THE SERVICES
13.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to SeaTalk. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant SeaTalk and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
14. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
14.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, SeaTalk is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold SeaTalk responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
14.2 In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by SeaTalk. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. SeaTalk has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that SeaTalk shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that SeaTalk may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.
15. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
16. Fraudulent or suspicious activity
If SeaTalk, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect SeaTalk and our Users. The actions we may take include but are not limited to closing, suspending, or limiting your access to your Account or the Services, and/or refusing to provide the Services to you now and in the future.
You agree to indemnify, defend and hold harmless SeaTalk, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) the hosting, operation, management and/or administration of the Services by or on behalf of SeaTalk, (b) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (c) your use or misuse of the Services, (d) your breach of any law or any rights of a third party, or (e) any Content uploaded by you.
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
19. GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to SeaTalk or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
20. GENERAL PROVISIONS
20.1 SeaTalk reserves all rights not expressly granted herein.
20.2 SeaTalk may modify these Terms of Service at any time by posting the revised Terms of Service on this Platform. Your continued use of this Platform after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
20.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
20.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and SeaTalk, nor does it authorise you to incur any costs or liabilities on SeaTalk’s behalf.
20.5 The failure of SeaTalk at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
20.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for SeaTalk's affiliates and subsidiaries (and each of SeaTalk's and its affiliates' and subsidiaries' respective successors and assigns).
20.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Platform and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
20.8 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Platform, please contacts us at: email@example.com.
Please send all legal notices to firstname.lastname@example.org and Attention it to the “General Counsel”.
I HAVE READ THESE TERMS OF SERVICE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” “REGISTER” OR “CONNECT WITH FACEBOOK” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.
Last Updated: 14 April 2020