terms and conditions
terms and conditions
MODGEEK TERMS OF SERVICE
The following Terms of Service (“Terms”) between you (“you” or “your”) and MODGEEK (“we,” “our,” “us,” or “MODGEEK”) describes the terms and conditions on which you may access and use the website located at modgeek.sg (the “Site”), and related services (together with the Site, the App, and the Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
19 September 2019
1. ABOUT THE SERVICES
Through the Services, we aim to provide you access to beautiful, quality clothing and at the same time, to consciously minimise our environmental footprint with commercially reasonable efforts.
B. MOBILE CHARGES
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Children under the age of 14 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 14 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent any clothing (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 14 and 18, you are fully responsible for his or her use of the Services and the rental of any Products, including all legal liability he or she may incur.
D. MODIFICATION OF THE SERVICES OR THE TERMS
MODGEEK may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, MODGEEK will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to MODGEEK upon registration.
2. RENTAL AND SALE OF PRODUCTS
This Section sets out terms and conditions that apply to your rental of any Product.
A. GENERAL CONDITIONS
i. 18 YEARS OR OLDER
Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who may rent the Products with a payment card or other approved payment method. By using our service and thus agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described in these Terms.
You acknowledge and agree that we may place limits on the rental of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals of Products for any reason, including but not limited to availability concerns.
All deliveries will be through MODGEEK's shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of MODGEEK. We will provide you with information about estimated delivery and arrival times of Products through the Site. The Products we send to you will be professionally cleaned, sterilised, inspected and delivered ready to wear, but use of the Products is at your own risk and MODGEEK or our dry cleaning partner(s) shall not be held liable for any health-related complaints associated with any Product.
If you do not pay the amounts you owe to MODGEEK when due, MODGEEK will then need to institute collection procedures. You agree to pay MODGEEK's costs of collection, including without limitation reasonable attorneys' fees.
The subscription fee (“Subscription Fee”) for the Product will be the total of the rental fee, insurance charges and delivery charges listed on the Site for your rental of the Product. When you place your rental order for a Product, you hereby authorise MODGEEK to charge your payment card for the Subscription Fee. MODGEEK will charge your payment card the amount of the Subscription Fee immediately upon your rental order. In addition, at the time of your rental order for a Product, you hereby authorise MODGEEK to charge your payment card for an amount equal to 100% of the original value of this Product (Product Value) set forth on the Site; provided that MODGEEK will only charge your payment card for an amount greater than the Subscription Fee as described below.
ii. RETURN PACKAGING
With delivery of the Products, MODGEEK will provide you with a MODGEEK carrying case, box and laundry bag (as the case may be). The MODGEEK carrying case, box or laundry bag is not yours to keep. If the MODGEEK carrying case, box or laundry bag is not returned, you will be charged with a SGD15 fee.
iii. RECEIPT OF THE PRODUCTS
Upon delivery, you bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address is highly recommended. In the event that an un-secure shipping address is provided, MODGEEK does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which MODGEEK will not be liable. You will be liable for all such delays and additional delivery fees.
iv. USE OF THE PRODUCTS
You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damages. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Product Value of the Product, as stated on the Site.
v. RETURN OF THE PRODUCTS
You agree to return the Products to MODGEEK in the Return Packaging on or before the return due date for the Products.
vi. LATE FEES AND NON-RETURNS
If you return the Products late, a late fee of twenty (SGD20) will be charged to the payment method you used to pay the Subscription Fee that you have provided to MODGEEK for everyday that you are late returning the Products, and you agree to pay such late fees, up to an amount not exceeding 100% of the Product Value set forth on the Site. The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within 10 days after the return date for the Product, your late return will be considered as a non-return and MODGEEK will charge your payment card 100% of the Product Value, less any late fees that you have already paid.
vii. PAYMENT OF 100% PRODUCT VALUE
MODGEEK will not charge you for more than amount equal to 100% of the Product Value plus the Subscription Fee, in the aggregate, for any charges arising under this Section 2(B), excluding collection costs. If you pay MODGEEK an amount equal to 100% of the Product Value under this Sectoin 2(B), and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For avoidance of doubt, the limitations of this clause shall not apply to the Subscription Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).
viii. LIMITED WARRANTIES
The following are the limited warranties MODGEEK provides in connection with the Products. MODGEEK's liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties as determined by MODGEEK. See Section 8 below.
ix. CORRECT PRODUCTS
Subject to availability, we will deliver the Products you ordered, including the specific size, colour and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in colour and style than as displayed on the Site.
3. SUBSCRIPTION PROGRAM
A. GENERAL CONDITIONS
This section 3(A) sets out terms and conditions that apply to your participation in any of these programs. Section 3(B) sets out additional terms and conditions apply to the MODGEEK Premium program. Section 3(C) sets out additional terms and conditions apply to the MODGEEK Basic program.
i. CHANGES TO PROGRAMS
MODGEEK reserves the right to add, remove or modify program benefits at any time, but we will use reasonable efforts to notify you of any material changes. In the event of any such material change, you may (a), cancel your subscription immediately upon notice to us, and we will give you a prorated refund for the remainder of your current subscription period. Any increases in fees that we introduce will apply to subsequent subscription renewal periods. (b) If we choose to provide you with continued access for the remainder of that applicable period of your subscription, you will continue to have access during that period, except that we will not send you any Products within ten (10) days of the end of that period. Prior to the end of that period (or, if we do not provide you with continued access, immediately upon our termination of your subscription), you must also return to MODGEEK all Products you have received. YOUR CONTINUED PROGRAM SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
ii. FAILURE TO PAY FEES
We reserve the right to pursue any amounts you fail to pay in connection with any program in accordance with these Terms.
We may terminate any of the programs, or your membership in any of these programs, at any time. If we do so, we will give you a prorated refund for the remainder of your current subscription period. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms or conditions set out in these Terms or any applicable law.
iv. FAILED PAYMENT
If your payment does not clear during a specific billing cycle, you will not be issued a new rental until your monthly payment has cleared. If you check out during this period, you will be required to update your billing information and we will retry your monthly payment at that time.
B. MODGEEK PROGRAM
The following additional terms and conditions apply if you subscribe to our MODGEEK program (“MODGEEK”).
i. SUBSCRIPTION MECHANICS
If you subscribe to MODGEEK, you will be entitled to rent up to three (3) Products at any time from a range of Products designated on the Site. Exceptions from the Program are determined by us in our sole discretion. Subject to your compliance with these Terms (including payment of fees) and our right to terminate MODGEEK. At the beginning of each subsequent Billing Period, you will be entitled to one free shipment (which means one outgoing shipment and one return shipment) (“Shipment”), where you can exchange all 3 Products (in one return shipment) you have at home, for new MODGEEK Products you select via our Site on your new cycle period (every 30 days) from the date when you first subscribe to Program). You may use your Shipment at any time during the then-current Billing Period. If you do not use your Shipment during a Billing Period, it will expire at the end of that Billing Period (meaning, you will not have more than one available Shipment during any Billing Period). You are expected to promptly return the MODGEEK Products by the due date you are exchanging under your Shipment as explained in the “LATE FEES AND NON-RETURNS” Section 2(B)(vi) above.
MODGEEK will charge you a pre-paid subscription fee or a monthly subscription fee that will automatically renew and you will be billed every 30 days /90 days or 365 days (depending on your subscription time plan) of your subscription cycle at the then current fee to your payment method on file. The current MODGEEK subscription fee is set out , but is subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period. You hereby authorise MODGEEK or our third party payment processor to charge your payment card for the applicable Subscription Fee on a monthly, quarterly or annual recurring pre-pay basis until you cancel. The subscription fees include shipping, and limited insurance, covering minor mishaps but not significant damage, loss or theft. Basic Subscription Fees are non-refundable except as expressly set forth below Section 3(D)(i).
D. ADDITIONAL TERMS AND CONDITIONS
The following additional terms and conditions apply if you subscribe to any of our subscription programs.
i. CANCELLATION OF YOUR MEMBERSHIP AND POLICIES
Your monthly subscription automatically renews and you will be billed every 30 days /90 days or 365 days, depending on your subscription time plan. To cancel your membership, us to request for membership cancellation. You must return all your subscription program Products before your membership is eligible for cancellation. You agree to return all Products at the end of your current subscription cycle to avoid additional fees. If MODGEEK does not receive all Products by the end of your billing period in which you want to cancel your membership, “LATE FEES AND NON-RETURNS” Section 2(B)(vi) applies to Premium and Basic Memberships, which allows MODGEEK to charge up to 100% of the Product Value.
If you cancel in advance of the Billing Date (30 days /90 days or 365 days of your subscription cycle), when the pre-paid subscription fee is not yet processed, there is no cancellation fee and you will not be billed for the new cycle.
If you cancel within five (5) days after the Billing Date, when the pre-paid subscription fee is already processed, you will still receive 100% of the refund, and there will be no cancellation fee.
If you cancel more than five (5) days after the Billing Date, when the pre-paid subscription fee is already processed, you will not receive any refund.
With each shipment of Products we send you, we will include one shipment Packaging (which may be our MODGEEK carrying case – as defined in section 2(B)(ii), which you can use to return all of the MODGEEK Products you currently have. If you have three (3) Products, you must return all three (3) Products to us in order to be eligible to receive another box. In event when the order is returned in partial, you agree to pay for additional collection trips that are required to collect the full order.
iii. ADDITIONAL OBLIGATIONS
Without limiting the application of the rest of these Terms, all of your obligations set out under Sections 2(A) and (B), including but not limited to the obligations relating to receipt and care of Products, apply to your participation.
iv. CHANGES TO AND TERMINATION OF SUBSCRIPTION
As subscription is a beta program, we reserve the right to modify (including the subscription fee) or terminate your subscription at our sole discretion. If we terminate your subscription, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of your current applicable subscription, or (b) continued access for the remainder of that applicable period, in accordance with these Terms. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in these Terms or any applicable law.
4. SALES TERMS & CONDITIONS
The following additional conditions apply to the sale of any Product.
PRODUCTS ARE USED; ALL SALES ARE FINAL AND “AS IS.”
You acknowledge and agree that only those Products designated by us on the Site as available for purchase are eligible for purchase by you. MODGEEK will professionally clean and inspect the Products before they are delivered to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.
The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site in connection with your purchase of the Products. Purchase Price is as listed on the MODGEEK website at the time of purchase, and is subject to change. MODGEEK reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize MODGEEK to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase orders are final and cannot be cancelled.
5. USE OF THE SERVICES
A. MODGEEK CONTENT
i. CONTENT PROVIDED
“AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, blogs, articles and advice from MODGEEK and photos and comments from other users (“MODGEEK Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The MODGEEK Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any MODGEEK Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the MODGEEK Content.
We may update the MODGEEK Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to firstname.lastname@example.org. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
B. THIRD PARTY CONTENT
i. LINKS TO THIRD-PARTY WEBSITES
The Services may contain links or references to non-MODGEEK websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and MODGEEK is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from MODGEEK, and MODGEEK has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that MODGEEK endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
C. ACCEPTABLE USE POLICY
i. USE OF MODGEEK CONTENT
No part of the Services, including the MODGEEK Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that MODGEEK authorizes you to view, copy, download, and print MODGEEK Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the MODGEEK Content solely for your personal, non-commercial, informational purposes; (b) you do not modify the MODGEEK Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the MODGEEK Content.
ii. USE OF THE SERVICES
You may not use the Services to: (i) transmit any content, information or other materials that are, or which MODGEEK considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a MODGEEK representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 14 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations. You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
iii. INDEMNIFICATION FOR BREACH
By using the Services, you agree to indemnify, hold harmless and defend MODGEEK and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services, or in violation of these Terms and Conditions.
D. YOUR CONTENT
If you post, upload or make available to MODGEEK or the Services, or otherwise submit to or through MODGEEK as part of your use of the Services, including the Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to MODGEEK a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 5(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorise MODGEEK to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
E. YOUR ACCOUNT
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify MODGEEK promptly of any unauthorized use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the MODGEEK Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
G. JOB POSTINGS
MODGEEK may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.
6. INTELLECTUAL PROPERTY
A. OWNERSHIP OF THE SERVICES
The Services, including the MODGEEK Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of MODGEEK and its affiliates and licensors, and are protected from unauthorized copying and dissemination by Singapore copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “MODGEEK” and the logo are trademarks of MODGEEK, under the applicable laws of the Singapore and/or other countries. Other MODGEEK product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of MODGEEK and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. MODGEEK and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms. Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any MODGEEK Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of MODGEEK or such third party that may own such MODGEEK Content.
B. SERVICES LICENSE
Subject to your compliance with these Terms, MODGEEK grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that MODGEEK may use your Feedback without restriction or obligation to you or any third party.
D. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT
If you believe any MODGEEK Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting MODGEEK's copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
Regarding any copyright issues relating to the Services, you may contact us at email@example.com. In an effort to protect the rights of copyright owners, MODGEEK maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.
i. TERMINATION BY YOU
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at firstname.lastname@example.org. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
ii. TERMINATION BY MODGEEK
Any violation of these Terms, including any of the prohibitions in Section 5, may result in suspension or termination of your access to the Services and/or removal of Your Content. MODGEEK may also terminate your account if MODGEEK determines that your conduct poses a risk or liability to MODGEEK, or for any other reason as determined by MODGEEK in its sole discretion.
iii. EFFECTS OF TERMINATION
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A) (Collections), 2(B) (Return of the Products, Late Fees and Non-Returns, Payment of 100% Product Value, ), 3(A)(ii) (Failure to Pay Fees), 5(A)-(D), 6(A)(Ownership of the Services), 6(C) (Feedback), and 7-10.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
i. LIMITED WARRANTIES
The limited warranties set out in Section 2(B) for return apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by MODGEEK in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms. Your sole and exclusive remedy and MODGEEK's sole and exclusive liability for a breach by MODGEEK of the limited warranties set out in Section 2(B) shall be, at MODGEEK option, MODGEEK use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Subscription Fee, as applicable (excluding delivery charges).
ii. DISCLAIMER OF WARRANTIES
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, MODGEEK DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE MODGEEK CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.
iii. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MODGEEK BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF MODGEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 8 OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS.
9. DISPUTE RESOLUTION
INFORMAL PROCESS FIRST
You agree that in the event of any dispute between you and MODGEEK, you will first contact MODGEEK and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
i. JURISDICTIONAL ISSUES
MODGEEK makes no representation that the Services are appropriate or available for use outside Singapore. Those who choose to access the Services or any part thereof from outside Singapore do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that MODGEEK intends to announce or make available such products or services to the general public, or in your country. Contact MODGEEK at email@example.com to determine which products and services may be available to you.
ii. EXPORT LAWS
The laws of Singapore prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the MODGEEK Content, or any part thereof, in any way, in violation of Singapore law.
iii. GOVERNING LAW AND VENUE
These Terms are governed and interpreted pursuant to the laws of Singapore, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a court located in Singapore, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
iv. ENTIRE AGREEMENT
These Terms are the entire agreement between you and MODGEEK relating to the subject matter herein and shall not be modified except by MODGEEK in accordance with these Terms, or as otherwise agreed in writing by you and MODGEEK. No employee, agent or other representative of MODGEEK has any authority to bind MODGEEK with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
v. SEVERABILITY AND WAIVER
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
You may not assign or transfer these Terms or any of your rights or obligations under these Terms. MODGEEK may assign these Terms at any time without notice to you.
vii. FORCE MAJEURE
MODGEEK will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond MODGEEK's reasonable control.
viii. CONTACT INFORMATION
Please send any questions or comments, or report violations of these Terms, to MODGEEK at firstname.lastname@example.org.