TERMS OF USE

GIPNETIX PTE. LTD.

Last Updated: March 12, 2021.

 

Welcome to the GIPNETIX PTE. LTD. Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at www.gipnetix.com or through our mobile application. “Service” refers to the Company’s services accessed via the Site. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service. 

 

The following Terms of Use apply when you view or use the Service via our website located at www.rating.sg or by accessing the Service through clicking on the application (the “App”) on your mobile device.  

 

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.  

 

PRIVACY POLICY

 

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (Privacy Policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

 

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

 

You need to be at least 18 years old to register for and use the Service.

If you are a user who signs up for the Service, you will create a personalized account that includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

 

USE RESTRICTIONS

 

Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions: 

You agree that you will not under any circumstances:

•   access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,
•   collect or harvest any personal data of any user of the Site or the Service 
•   use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
•   distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders or web crawlers to copy materials from the site for the sole purpose of creating publicly available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
•   use the Service for any unlawful purpose or for the promotion of illegal activities;
•   attempt to, or harass, abuse or harm another person or group;
•   use another user’s account without permission;
•   intentionally allow another user to access your account; 
•   provide false or inaccurate information when registering an account;
•   interfere or attempt to interfere with the proper functioning of the Service;
•   make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
•   bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; 
•   circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or 
•   publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

 

RIGHT OF ACCESS

 

GIPNETIX PTE. LTD. reserves all rights to deny or restrict access to the Site or the App to any particular person, or to block access from a particular Internet address to the websites, at any time, without ascribing any reasons whatsoever.

 

POSTING AND CONDUCT RESTRICTIONS

 

When you create your own personalized account, you may be able to provide address, date of birth, marital status, contact information, etc. (“User Content”) to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. 

 You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.

We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms. 

By transmitting and submitting any User Content while using the Service, you agree as follows:

•   You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
•   You will not post information that is malicious, libelous, false or inaccurate;
•   You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
•   You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use;
•   You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
•   You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

 

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content. 

The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.

 

ONLINE CONTENT DISCLAIMER

 

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. 

 

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right but have no obligation to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. The Company shall have the right to remove any material that in its sole opinion violates or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under local law. If you become aware of misuse of our Service or violation of these Terms of Use, please contact us – .

 

LINKS TO OTHER SITES AND/OR MATERIALS

 

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

 

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

 

(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and require that the users do the same. Pursuant to COPYRIGHT ACT (CHAPTER 63) of Singapore, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification by sending the following information in writing to our designated copyright agent at – :

 

1.   The date of your notification;
2.   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3.   A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4.   A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5.   Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6.   A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7.   A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

 

1.   Your physical or electronic signature;
2.   A description of the content that has been removed and the location at which the content appeared before it was removed;
3.   A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4.   Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the laws of the Republic of Singapore and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.

 

LICENSE GRANT

 

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

 

INTELLECTUAL PROPERTY

 

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

 

ADVERTISING

 

GIPNETIX PTE. LTD. and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

 

SUBSCRIPTION

The Service may be provided free-of-charge. Using our Website free-of-charge provides you with standard functions and options of our Website platform. We reserve the right to suspend your account with us at any time at our sole and absolute discretion

You may use the option of Paid Subscription on our Website. Duration of your subscription is determined in accordance with the payment plan you choose. Depending on the selected option, it may review automatically on a monthly basis until terminated.  

To use Paid Subscription Service you will need to provide a current, valid, accepted method of payment.

Subscription fee for additional Service, as well as any other charges that may incur (transactions fees, taxes, etc) will be charged on one-time basis, on a monthly basis, or on a yearly basis (depending on selected option) in accordance with your payment method on the calendar day that corresponds to the date you commenced paying for the Service.

Valid payment methods are available in User Account. You may change them at any time. Please note that in case your selected payment method is invalid, and the payment for selected billing period has declined we reserve the right to suspend your Account until full settlement of charges.

We reserve the right to change the amount of Subscription fees (cost) of Service at our discretion.

You may cancel Paid Subscription Service at any time. Selected services will be available to you until the end of your billing period and cease thereafter.

Except if otherwise provided in these Terms, our paid Service Subscription fees are non-refundable.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

 

Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

 

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

 

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

 

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to – . Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.

 

WARRANTY DISCLAIMER

 

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

LIMITATION OF DAMAGES; RELEASE

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 

 

MODIFICATION OF TERMS OF USE

 

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

 

GOVERNING LAW

 

The Site (excluding third-party linked sites) are operated by the Company from its offices within Singapore and elsewhere around the world. It can be accessed from all countries around the world where the technology permits. However, by accessing these websites, you agree that all access and use of the websites and the Content, and the Terms of Use shall be governed by, and construed in accordance with, the laws of the Republic of Singapore. You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts.

 

We reserve the right to update this Policy for reasons including but not limited to complying with relevant Singapore legislation and Government guidelines, regulatory directions and other requirements of similar nature. Examples of these include future abiding by the Personal Data Protection Act 2012 (No. 26 of 2012) of Singapore or abiding by the Singapore Government Instruction Manual. In case of discrepancies between the translated versions and this English version, the English version shall prevail.

 

GENERAL TERMS

 

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

 

These Terms of Use and your use of the Site are governed by the laws of the Republic of Singapore, without regard to conflict of law provisions.

 

We may assign or delegate these Terms of Use and our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

 

YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND AND THE USER.

 

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BUSINESS TERMS OF USE

ADDITIONAL TERMS FOR BUSINESS ACCOUNTS 

GIPNETIX PTE. LTD.

Last Updated: March 12, 2021.

 

The following terms (“Business Terms”), in addition to the Terms of Use above, govern your access to and use of your Business Account. In the event of any conflict between these Business Terms and the Terms of Use, the Business Terms apply. If you have purchased products or services from GIPNETIX PTE. LTD. on behalf of your business (e.g., advertising or business tools), the terms of that purchase apply in the event of any conflict with these Business Terms. By creating, accessing, or using your Business Account, you are agreeing to these Business Terms and concluding a legally binding contract with GIPNETIX PTE. LTD. You are not authorized to create, access, or use a Business Account if you do not agree to these Business Terms. 

PLEASE READ THESE BUSINESS TERMS CAREFULLY AS THEY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. 

 

In the event of any termination of these Business Terms, whether by you or us, these Business Terms in their entirety will continue in full force and effect.

 

REQUIREMENTS AND WARRANTIES

 

1. In order to access or use the Services, you agree that:
   • you have the authority to act on behalf of the business or businesses associated with or claimed through your Business Account and bind any such business (including any corresponding business entity) to the Business Terms (your “Business”);
   • access to or use of the Business Site will only be in your capacity as an authorized representative of your Business;
   • you will not use the Consumer Site for business activities, including but not limited to flagging reviews or messaging people who have reviewed your Business;
   • your Business complies with applicable laws and does not offer, advertise, sell, or lease illegal products and services;
   • you grant GIPNETIX PTE. LTD. a non-transferable, non-exclusive, royalty-free limited license to display your public website on the Services, or allow for its display through framing technology;
   • you agree that we may contact you using the contact information you provide us, make publicly available, or that we have on record for your business, and that our communications (including phone calls) with you may be monitored and recorded for quality purposes;
   • you understand and acknowledge that non-disparagement clauses in certain consumer contracts, such as clauses that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your Business, are prohibited under the Consumer Protection (Fair Trading) Act of Singapore and you agree that you will not include such clauses in your consumer contracts, or otherwise attempt to enforce non-disparagement or gag clauses against consumers under any circumstances. You understand that we may publicly notify consumers by placing a Consumer Alert on the business page for your business, if we have a good faith belief that such clauses are used by your Business.

 

1. You represent and warrant that you will not authorize or induce any other party, to:
   • offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that GIPNETIX PTE. LTD., through its Consumer Alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews;
   • solicit or ask for reviews from your consumers;
   • write reviews or vote on Content for your Business or your Business’s competitors;
   • pay or induce anyone to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent GIPNETIX ’s PTE. LTD. Recommendation Software (defined below) or fraud detection systems;
   • attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions;
   • use any automated means or form of scraping or data extraction to access, query or otherwise collect GIPNETIX PTE. LTD. data, content and/or reviews from the Consumer Site or the Business Site, except as expressly permitted by GIPNETIXPTE. LTD.;
   • use any GIPNETIX PTE. LTD. trademark or service mark in any manner without the Company’s prior written consent; 
   • misrepresent your identity or affiliation to anyone in connection with the Company.

 

You understand and acknowledge that GIPNETIX PTE. LTD allows consumers to post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that GIPNETIX PTE. LTD. employs automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently (“Recommendation Software”). You understand and acknowledge that while GIPNETIX PTE. LTD. uses its Recommendation Software to identify potentially less helpful reviews, the Recommendation Software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. 

You understand and acknowledge that any purchase of advertising or other paid features from GIPNETIX PTE. LTD. will not allow you to alter reviews.

NOTWITHSTANDING THE FOREGOING, FOR ANY BUSINESS CLAIM THAT IS NOT SUBJECT TO ARBITRATION, INCLUDING WITHOUT LIMITATION EXCLUDED BUSINESS CLAIMS, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN COURTS LOCATED WITHIN SINGAPORE, WHICH IS THE PLACE OF PERFORMANCE OF THESE BUSINESS TERMS.

YOU AND GIPNETIX PTE. LTD. AGREE THAT EACH MAY BRING OR PARTICIPATE IN BUSINESS CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND GIPNETIX PTE. LTD. AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE BUSINESS CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A BUSINESS CLAIM IMPLICATES THIS SECTION, AND THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH BUSINESS CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.