Pingin Social Pte Ltd


Terms & Conditions

www.pingin.social ("website") and Habitat ("Application/App") mobile application (hereinafter referred to as the "website", "Application/App", "We", "Us", "Our") and all the content, products and services available via the website or the App are owned and operated by PingIn Social Pte Ltd., Singapore (hereinafter referred to as the "Company"). The app and its services are offered to merchants/strata management companies and buyers/ Users (hereinafter collectively referred to as the "Users", "You", "Your") conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").

BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, USERS AGREE TO HAVE READ AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND PRIVACY POLICY. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. YOUR USAGE OF THIS WEBSITE/APP SIGNIFIES YOUR ASSENT TO THE FOLLOWING BINDING AGREEMENT.

Our Application provides you an online platform on which merchants/strata management companies can list/post/publish/share the products/goods and services offered by them for sale or use which the buyers shall discover and purchase via our app (collectively the "Goods & Services").

Our app acts as a facilitator and all commercial / contractual terms are offered by and agreed to between Users alone. You understand and agree that we are not a party to any agreement entered into between Users. We have no control over the conduct of Users using our app and services, and disclaim all liability in this regard.

By using the app, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the app and services and all collective content, and constitute a binding legal agreement between you and us.

Please read carefully these Terms and our Privacy Policy, which may be found at http://pingin.social/privacy/ , and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the app. Failure to use the app in accordance with these Terms may subject you to civil and criminal penalties. This app reserves the right to recover the cost of services, collection charges and lawyers’ fees from persons using the app fraudulently.

The use of this app constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the "Terms"). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the "Terms of Use" link that appears at the bottom of the app.

PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE APP ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS APP, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.

1. INTERPRETATION:

1.1 The official language of these terms shall be English.

1.2 The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.

1.3 In case there exists a machine readable version of this agreement, arises a conflict with the human readable version, the later shall prevail.

1.4 The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.

2. DEFINITIONS:

2.1 "Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy, other policies published on the App from time to time and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.

2.2 "Habitat Application/app" means the online platform and the services provided by it and its affiliates, owned and operated by PingIn Social Pte Ltd. which provides a venue / platform to the merchants/strata management companies to list/post/publish/share the products/goods and services offered by them for sale for the users/buyers to discover and purchase any of the product/goods and/or services listed by the merchants/strata management companies via our app.

2.3 "Merchants" mean sellers of products/goods and services who create an account on our app in order to list/post/publish/share the products/good and/or services offered for sale. This includes Strata management companies.

2.4 "Products/goods" mean and include but not limited to physical and digital goods/products.

2.5 "Services" mean and include but not limited to services related to facilities & subscription services, maintenance services etc.

2.6 "PingIn Payment" mean and include but not limited to payment services offered by the Company.

2.7 "Buyers" mean the individuals/app users who create an account on our app in order to discover and purchase the products/goods and/or services listed/posted/published/shared by the merchants via our app.

2.8 "Users" mean and include both merchants and buyers. Users shall be required to create an account on our app in order to avail the services offered by our app.

2.9 "Listings/Postings" mean the products/good and/or services listed/posted by the merchants on our app for the buyers to discover and purchase product/goods and/or services listed/posted by the merchants via our app.

2.10 "Account" means the accounts created by the users on our app in order to use the Services provided by us and require information such as name, email address, username, password, mobile phone number etc.

2.11 "Content" means text, graphics, images, music, audio, video, information or other materials.

2.12 "User content" means all content that a user posts, uploads, publishes, submits or transmits to be made available through our app.

2.13 "Habitat App Content" shall mean all Content that our app makes available through its services, including any Content licensed from a third party, but excluding user Content.

2.14 "SNS" shall mean Social Networking Site such as Facebook, twitter, hangouts, LinkedIn, Google etc.

3. ELIGIBILITY:

3.1 You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.

3.2 Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Our app reserves the right to terminate your membership and refuse to provide you with access to the app if we discover that you are under the age of 18 years. The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service.

3.3 If you use our app on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.

3.4 You must not be a competitor of our app or use our Service for reasons that are in competition with us or otherwise to replicate some or all of the Service for any reason.

3.5 Except where additional terms and conditions are provided which are services specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our app you agree to be bound by the Terms and Conditions.

4. REGISTRATION:

4.1 It is mandatory for the Users to create an account on our app in order to use our services.

4.2 Accounts:

a) In order to create an account directly with us, you must provide us with certain personal information including personal information such as name, mobile phone number, username, email address and password.

b) You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security by emailing us at help@pingin.social We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your app account access credentials. We encourage you to use a "strong" password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.

4.3 You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.

4.4 When creating an Account, don’t:

a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person"s permission;

b) Use a username that is the name of another person with the intent to impersonate that person;

c) Use a username that is subject to rights of another person without appropriate authorization; or

d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.

e) Habitat has a zero tolerance policy for the practice of deliberately claiming a recognizable name which does not belong to the claimant (ie. "name squatting"). Beyond prevention of infringement on trademarks, brands and DBA names, Habitat is committed to ensuring the right of individuals in the public sphere to claim their legal names and associated monikers on the Service. By registering a recognized name (e.g. that of a celebrity) you agree to forfeit that username should the rightful owner protest your claim. With no prior notice, Habitat reserves the right to delete any and all uploaded assets, including text and images, and re-assign the account email and password to the authenticated claimant.

4.5 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at help@pingin.social.

4.6 You may not transfer or sell your Habitat account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

4.7 Our Services are not available to temporarily or indefinitely suspended Users. Our app reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our app reserves the right to refuse service to anyone, for any reason, at any time.

4.8 One individual/entity can own only one account in his/her/its name.

4.9 You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our app’s policies as stated in the Agreement and all other policies published on the app and all other operating rules, policies and procedures that may be published from time to time on the app by the Company.

4.10 You shall update your Habitat profile using your valid account on the social networking service ("SNS") such as FaceTime (each such account, a "Third-Party Account"). If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" section of the app or by emailing us at help@pingin.social Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers, and we disclaim any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts.

5. SERVICES:

5.1 Our app provides a platform to the merchants to list/share/post/publish the products/goods and/or services offered for sale by them on our app. The merchant will create a group for the products/goods and/or services posted/offered by the merchants on the app.

5.2 The buyers will be able to discover the products/goods and/or services, listed/posted/offered by the merchants on our app and if interested to purchase/avail any product/goods and/or service listed on our app, the buyer will be required to send a request to the merchant in order to get added to the group created by the merchant for that specific products/goods and/or services.

5.3 Once the buyer gets added to the group created by the merchant for the specific products/goods and/or services, the buyer will be kept updated about the products/goods and/or services and can purchase the same via our app.

5.4 Our app provides an easy method for merchants to list and promote the products/services which they offer and an easy method for the buyers to discover such products, services of their interest.

5.5 Our app includes access to email support. "Email support" means the ability to make requests for technical support assistance by email at any time with reasonable efforts by the Company to respond in due course. All services support will be provided in accordance with the Company’s standard services practices, procedures and policies.

6. LISTING/POSTING OF PRODUCTS/GOODS AND/OR SERVICES:

6.1 The listing/posting of products/goods and/or services by the merchants on our app shall include complete information about the product/goods and services (such as the kind and type of services/products, its prices, payment methods etc.) being offered by them and in case of events/facilities boking, merchants shall provide complete event/facility related information i.e. registration criteria, if any; reservation/booking, if any; its pricing; payment method; timing; venue; cancellation and refund policy, discount, gift vouchers, rules, guidelines and policies of the facility/event etc.

6.2 Any listing/posting by merchants on our app:

(a) shall not be fraudulent;

(b) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

(c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

(d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

(e) shall not be obscene or contain child pornography; and

(f) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

6.3 For the avoidance of doubt, it is clarified that the app itself does not offer for sale any product/good and/or services posted/listed/shared on our app. It is the merchants who shall solely be the sellers of the products/goods and/or services listed by them on our app.

6.4 When the buyer requests the merchant to add him/her/it to the group and wishes to reserve/book tickets or facilities for any of the events/facilities listed by the merchant on our app then the merchant and the buyer shall be required to enter into a separate agreement and users shall be subject to the agreement (to be) entered into between them and the app shall never be a party to any such agreements entered into between the users. Even after adding the attendee to the group created by the merchant for an event and reserving the tickets for the event for the buyer, the merchant may fail to provide entry to you at the event venue etc. in which case the app shall not be held liable to the buyers.

6.5 It is up to the merchants to post/list/share products/goods and/or services offered for sale by them which may be discovered and purchased by buyers via our app. We offer information and a method to buy products/services of buyer’s choice but do not and do not intend to be a seller of the product and/or service listed/shared on our app. We do not post/share/list any of the products, services, on our app, such products, services are listed/posted/shared by the merchants only. We have no responsibility or liability for any services which the merchants are required to provide to buyers as such services shall be governed by the agreement entered into between the users.

7. HABITAT APP AS A PLATFORM:

7.1 Our app does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. Users are advised to independently verify the bona fides of any particular User that they choose to deal with on the website and use their best judgment in that behalf.

7.2 The app is only a venue through which Users can reach a larger base to post/list/share products, services which can be purchased by the buyers. We are only providing a network commerce platform for effective communication & commerce between Users.

7.3 We shall not guarantee, refer, endorse, recommend, verify, and evaluate any postings/listings of products/goods and/or services listed/posted by merchants on our app.

7.4 We do not guarantee the validity, accuracy, completeness, safety, legality, quality or applicability of the content on the app and anything spoken or written (feedback, comments) by Users.

7.5 Users release and indemnify us and/or any of our shareholders, directors, officers, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the app and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, our app cannot control the information provided by other Users which is made available on the app. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the app. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.

7.6 You acknowledge and undertake that you are accessing the services on the app and transacting at your own risk and are using your best and prudent judgment before availing any services through the app.

8. NO RESPONSIBILITY:

8.1 We shall not be involved in any transactions between Users.

8.2 We do not control or verify the quality, relevance or accuracy of the information of postings/listings and any content posted on the app by Users, the accuracy of any postings/listings/content or users on the app.

8.3 Our app does not guarantee that the products/goods and/or or services required by you will be available on the app and in case of events, your entry to the event is not guaranteed by us as we do not offer event registration services thus you shall have to follow and register for the event as per the visiting guidelines laid down by the merchants in their listings.

9. PAYMENTS:

9.1 Currently, Habitat is a free service. We maintain the right to start charging a fee at some later date at our own discretion which shall be intimated to you by providing you thirty (30) days prior written notice for the same.

9.2 The App provides free chat services to its users but any text message [SMS] sent are subject to standard text messaging rates determined by your mobile phone carrier. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found out by asking your network provider.

9.3 The cost of the products/goods and/or services shall be mentioned on the listing/posting made by the merchants on our app.

9.4 PingIn payment terms for buyers: As used in these Terms, the term "PingIn Payment" shall mean all of the following: All PingIn payment features (for Users), functionality and services, now available or added in the future, whether available through Habitat mobile app or PingIn website or functionality offered by a merchant or third party. The buyers shall follow the following payment method:

a) PingIn Payment offers buyers (i) the ability to store their card details securely in the form of payment tokens in their PingIn account profile; (ii) store up to two or more payment tokens per profile, and (iii) the ability to use Habitat App as a method or channel to pay to their Merchants who are part of Habitat groups. When buyer uses Habitat channel to make payments, we will transmit certain information on behalf of the merchant to its Payment Service provider [PSP], in order to authenticate you and the eligible card for the transaction and allow the PSP to process the transaction on behalf of the merchant. Buyer agrees that merchant can transmit information about the transaction to applicable network for their eligible card and their transaction will be paid for using the eligible card token you have selected.

b) While Habitat helps to facilitate the transaction between buyer and the Merchant, Habitat is not a party to the transaction and the purchase and/or return of goods and/or services from a merchant in connection with buyer’s use of Habitat as a platform is solely between buyer and the Merchant. If buyer requires refund or reversal or cancelation of any transaction completed by buyer using Habitat, buyer must contact the applicable merchant. Habitat will not be able to resolve any such issues buyer may have with the transaction.

c) Buyer acknowledges that PingIn Payment may not be available to all Payment tokens stored by them. Furthermore, the Company may, in its discretion, remove tokens from account profiles.

d) PingIn Payment is available to Habitat Users who are: (i) registered users of Habitat mobile app; (ii) 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this service; (iii) primary cardholder or authorized use of eligible cards stored in their profile in the form of Payment Tokens.

Charges, Fees and Taxes: Habitat is not party to the transaction between buyer and the Merchant, and thus Habitat is not liable to any of the transactional charges, fees or taxes and will not charge buyer any fees or taxes.

9.5 PingIn Payment terms for merchants: As used in these Terms, the term "PingIn Payment" shall mean all of the following: All PingIn payment features (for Users), functionality and services, now available or added in the future, whether available through Habitat mobile app or PingIn website or functionality offered by a merchant or third parties. The merchants shall follow the following payment methods:

a) PingIn Payment offers merchants (i) the ability to accept payments from Habitat buyers for the goods and services offered by them; (ii) the ability to commutate with their buyers in the form of Group chat or individual chats, and (iii) the ability to view their payment history and take appropriate actions. When merchants use PingIn channel to receive payments from their buyers, we will transmit certain information on behalf of the Merchant to their Payment Service provider [PSP], in order to authenticate them and the eligible card for the transaction and allow the PSP to process the transaction on behalf of them. Merchants agree that their PSP can transmit information about the transaction to applicable networks.

b) While PingIn Payment helps to facilitate the transaction between merchant and buyer, PingIn Payment is not a party to the transaction and the purchase and/or return of goods and/or services from a buyer. Habitat as a platform and all transactions hereunder are solely between buyers and merchants. If merchants were required to initiate a refund or reversal or cancelation of any transaction completed by their buyer using PingIn Payment, merchant must contact their PSP.

c) Account Activation: The person signing up for PingIn Payment Service for Payment acceptance will be the contracting Party ("Account Owner") for the purposes of our Terms Of Service and will be the person who is authorized to use any corresponding account or view payment receipts we may provide to the Account Owner in connection with the Service.

d) Upon completion of sign up for the service with merchant’s PSP, merchants need to furnish information account details with PingIn team. The Company will configure merchant’s Account and/or Group(s) in PingIn Payment platform upon their confirmation.

e) Merchants acknowledge that PingIn Payment may not be available to all Habitat Users. Furthermore, the Company may, in its discretion, remove merchant account details from its platform.

f) Eligibility: PingIn Payment is available to Merchants who are: (i) registered with the Company’s partner PSPs; (ii) approved by PSPs, and (iii) in possession of Merchant account with the PSPs. Please contact help@pingin.social for list of Company approved PSPs.

g) Charges, Fees and Taxes: The Company is not party to the transaction between buyers and merchants, and thus Company is not liable to any of the transactional charges, fees or taxes and will not charge merchants any fees or taxes. However please note that you may be charged fees and withholding tax from your PSPs.

10. USE OF THE APP:

10.1 You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;

10.2 You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the app or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the app or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the app. We reserve our right to bar any such activity.

10.3 You shall not attempt to gain unauthorized access to any portion or feature of the app, or any other systems or networks connected to the app or to any server, computer, network, or to any of the services offered on or through the app, by hacking, password "mining" or any other illegitimate means.

10.4 You shall not probe, scan or test the vulnerability of the app or any network connected to the app nor breach the security or authentication measures on the app or any network connected to the app. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to app or exploit the app or any service or information made available or offered by or through the app, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the app.

10.5 You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of our app or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the app or our systems or networks, or any systems or networks connected to us.

10.6 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the app or any transaction being conducted on the app, or with any other person’s use of the app.

10.7 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the app or any service offered on or through the app. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

10.8 You may not use the app or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of our app and / or others.

10.9 You shall solely enable us to use the information you supply us with, so that we are not violating any rights you might have in your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the app.

10.10 We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

11. ACCESS TO THE SERVICE:

11.1 Our app grants you a non-transferable, non-exclusive, license to use the Services solely for (a) your personal, noncommercial or (b) your commercial use in accordance with the applicable restrictions outlined in then-current pricing list if you have subscribed to the Services as a commercial user. If at any time our app reasonably believes in its sole discretion that you are using the Service beyond this scope, we may terminate your access to the Service with no additional liability to you. The rights granted to you in these Terms are subject to the following restrictions:

(a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services;

(b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services;

(c) you shall not access the Services in order to build a similar or competitive service; and

(d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the app or Services shall be subject to the terms of this Agreement.

11.2 Your license to use our app is automatically revoked if you violate these Terms. We hereby reserve all rights not expressly granted in these Terms.

11.3 While using our app, you agree not to:

a) Defame, abuse, harass, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;

b) Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;

c) Restrict or inhibit any other user from using our app, including, without limitation, by means of "hacking" or defacing any portion our app;

d) Violate any applicable laws or regulations;

e) Upload to, submit to, transmit through, or display on our app (i) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) any confidential, proprietary or trade secret information of any third party; or (iii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);

f) Engage in spamming;

g) Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;

h) Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our app; and

i) Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our app.

11.4 If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our app.

12. PROHIBITED CONTENT:

12.1 You agree not to:

a) Record, transmit, submit, upload or otherwise make available any Content in the form of information on admission forms, feedbacks, chats etc. that is unlawful, harmful, threatening, abusive, harassing, lewd, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

b) Harm minors in any way; and post anything that is biased or irrelevant;

c) Impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any of our messages or Content transmitted through our app;

e) Record, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement);

f) Record, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;

g) Record, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

h) Interfere with or disrupt the app or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the app;

i) Intentionally or unintentionally violate any applicable local, state, national, or international law and any regulations having the force of law;

j) "Stalk" or otherwise harass another;

k) Collect or store personal data about any other members or users;

l) publicly (feedbacks/comments) post information that poses or creates a privacy or security risk to any person (including, for example, by publicly posting any person’s contact information on our Services without authorization) or publicly post any review etc. with an intention to extract money from any business.

12.2 You acknowledge that while we do not, in the ordinary course, access, review, or pre-screen Content, we have the right (but not the obligation), in our sole discretion, to access, review, pre-screen, refuse, or remove any Content that is available via our app. Without limiting the foregoing, we have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. We also reserve the right to access, preserve, and disclose any Content or information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including, but not limited to, investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to member or user support requests, or (e) protect the rights, property, or safety of our app, its members, users, and the public.

13. MATERIALS SUBMITTED BY USER:

13.1 Any materials submitted by you in the form of including, without limitation, text, graphics, images, videos, audios, documents and other materials (collectively, "User Submitted Materials"/"User content") are subject to the following terms and conditions:

a) You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any service you request or to show you how your User Submitted Materials would appear in our products or services.

b) You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.

c) You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Submitted Materials; (iii) your activities in connection with obtaining any products or services from us.

d) User Submitted Materials that violate these Terms may be removed from our app; provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal or non-removal of any User Submitted Materials from our app. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.

13.2 All User content is your sole responsibility. This means that you, and not we, are entirely responsible for all User content that you upload, post, transmit or otherwise make available via the Web Site or app. If you post personal information in Community User Forums or on other publicly available areas of the app, then you may receive unsolicited messages from third parties. Our app cannot ensure the security of any information you post on publicly available areas of the app.

14. INTELLECTUAL PROPERTY OF COMPANY:

14.1 Our app, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this app. Access to this app does not confer and shall not be considered as conferring upon anyone any license under any of Habitat or any third party’s intellectual property rights. All rights, including copyright, in this app are owned by or licensed to us or third party suppliers. Any use of this app or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our app. You cannot modify, distribute or re-post anything on this app for any purpose.

14.2 Habitat App names and logos and all related product and service and our slogans are the trademarks or service marks of the Company. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this app. Access to this app does not authorize anyone to use any name, logo or mark in any manner.

14.3 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this app (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the app for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the app or any related software. All software used on this Site is the property of our app or its suppliers and protected by copyright laws of Singapore. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this app is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our app, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of Singapore. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this app is the exclusive property of our app and is also protected by Copyright laws of Singapore.

14.4 If you learn of any unlawful material or activity on our app, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

(ii) identification of the copyrighted work claimed to have been infringed;

(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) Your contact information, including your address, telephone number and an email address;

(v) a statement by you 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

(vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.

14.5 We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.

14.6 While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our app to do the same. If you believe in good faith that any material used or displayed on or through our app infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the information as stated in clause 14.4 above.

14.7 Notices regarding our app should be sent to: help@pingin.social.

14.8 We take the protection of our copyright very seriously. Thus, if we discover that you have infringed any of our copyright, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.

15. OUR RIGHTS:

All right, title, and interest in and to the app (excluding Content provided by users) is and will remain the exclusive property of us and our licensors. The app service is protected by copyright, trademark, and other laws of Singapore. Nothing in these Terms gives you a right to use the name of the app or app’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the app or located on the app.

16. MOBILE APPLICATION:

16.1 You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple iPhone ("App Store") etc. You acknowledge that these Terms of Use are between you and us and not with the App Store. We, not the App Store, are solely responsible for the Services and Application, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement).

16.2 In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the Application and the Services. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of the Terms of Use and will have the right to enforce them.

16.3 The following applies to any App Store Sourced Application:

a) You acknowledge and agree that (i) the Terms of Use are concluded between you and us only and (ii) we are solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store terms of service.

b) You acknowledge that App store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

c) Without limiting any other terms of the Terms of Use, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

16.4 We do not take any guarantee that our service will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.

16.5 It is your responsibility to use our service in accordance with the usage rules established by your mobile device platform or service provider.

17. DISCLAIMER AND WARRANTIES:

17.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a) YOUR ACCESS TO AND USE OF THE APP OR ANY CONTENT IS AT YOUR OWN RISK. THE APP AND ALL RELATED SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, PARENT ENTITIES, PARTNERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS (ALL OF THE FOREGOING, COLLECTIVELY, THE "APP ENTITIES") HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

b) THE APP ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE APP, OR ANY CONTENT; (II) ANY HARM TO YOUR DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE APP, OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, OR ANY UNAUTHORIZED ACCESS TO, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE APP, OR US; AND/OR (IV) WHETHER THE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

c) THE APP ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR (I) THE AVAILABILITY OR ACCURACY OF APP OR RESOURCES ACCESSED VIA ANY LINK FROM OUR APP, OR (II) THE CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH APP OR RESOURCES.

d) LINKS TO SUCH APP OR RESOURCES DO NOT IMPLY ANY ENDORSEMENT BY THE APP ENTITIES OF SUCH LINKS OR RESOURCES OR THE CONTENT, PRODUCT OR SERVICES AVAILABLE FROM SUCH LINKS OR RESOURCES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH LINKS OR RESOURCES.

17.2 It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through the app. We do not warrant that the access to app will be uninterrupted or error-free or that defects in app will be corrected.

17.3 This app is controlled and operated from Singapore and our app makes no representation that the services are appropriate or will be available for use in other parts of the World. If you use this app from outside Singapore, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by Singapore law including, but not limited to, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.

17.4 Our app offers services, content and various other functionalities (collectively the "Services") to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. Our app does not make any warranty or representation that a user in one region may also obtain the Services as provided in another region.

17.5 In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

a) Your use of or your inability to use our app, Services and tools;

b) Delays or disruptions in our app, Services, or tools;

c) Viruses or other malicious software obtained by accessing our app, Services, or tools or app, Services, or tool linked to our app, Services, or tools;

d) Glitches, bugs, errors, or inaccuracies of any kind in our app, Services, and tools or in the information and graphics obtained from them;

17.6 Our app shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, equipment, software, failure of e-mail on account of technical problem or traffic congestion on the Internet or at any app or combination thereof, including injury or damage to any user or to any other person's device related to or resulting from participating or downloading materials/information from the app.

17.7 To the fullest extent permitted under applicable law, our app or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the app, its services or this User Agreement.

18. REVIEWS, FEEDBACK, SUBMISSIONS:

18.1 All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this app or otherwise disclosed, submitted or offered in connection with your use of this app (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.

18.2 We are and shall be under no obligation (1) to maintain any feedback/Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the app will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the app will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

18.3 Our app does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the app. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

19. LINKS TO THIRD PARTY SITES:

19.1 The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites.

19.2 You are responsible for and assume all risk arising from your use or reliance of any third party sites. We may provide tools through the Service that enable you to export information, including without limitation Content, to third party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.

19.3 Linked Services created by third party developers may be available on, through or in connection with our Services. Linked Services include applications, desktop, wireless, mobile and other services available from third parties which can be installed onto your Profile, or elsewhere on our Services, shared with other members and Users on our Services, otherwise accessed via our Services, or which may link to your Profile from outside of our Services.

19.4 Third parties that offer Linked Services may also provide you with certain options and choices, but keep in mind that when you engage with a Linked Service, you are interacting with a third party, not with us. We do not control the third party, and cannot dictate its actions. If you choose to use a Linked Service, the Linked Service may collect, store, use and share your data in accordance with the terms of service (not our terms of Use/Service) and privacy policy of and your privacy settings (if any) on such Linked Service.

19.5 In addition, the third party providing the Linked Service may use other parties to provide portions of the service to you, such as technology, development or payment services. We may have limited control or no control at all over the content, operations, policies, terms, or other elements of Linked Service, and we do not assume any obligation to review any Linked Service. We do not endorse, approve, or sponsor any Linked Service, or any third-party content, advertising, information, materials, products, services, or other items.

19.6 We are not responsible for the quality or delivery of the services offered, accessed, obtained by or advertised at such Linked Services and make no warranties, express or implied, as to the Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). We encourage you not to provide any personally identifiable information to any Linked Service unless you know and are comfortable with the third party with whom you are interacting.

19.7 Finally, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damages, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within Linked Services. Any activities you engage in with any of the same, including but not limited to the provision of Content or data to them, are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Service so we encourage you to review them carefully.

20. TERMINATION:

20.1 We may, at any time and without notice, suspend, cancel, or terminate your right to use the app (or any portion of the app). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the app affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the app and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.

20.2 Without limiting the foregoing, we may close, suspend or limit your access to our app:

a)if we determine that you have breached, or are acting in breach of, this Agreement;

b)if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;

c)if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;

d)to manage any risk of loss to us, a User, or any other person; or

e)For other similar reasons.

20.3 If we find you breaching this User Agreement, you may also become liable for an amount of which we have suffered losses/damages.

21. INDEMNIFICATION:

You agree to defend, indemnify and hold harmless our Company/app, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our app or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

22. LIMITATION OF LIABILITY:

22.1 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. WE SHALL ALSO NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE APP, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF MEMBERS AND OTHER USERS OR THIRD PARTIES; (D) ANY CONTENT OBTAINED FROM THE APP; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

22.2 THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT app ENTITIES HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

22.3 IF ANY OF THE ABOVE LIMITATIONS DOES NOT APPLY TO YOU BECAUSE YOU ARE ACCESSING APP FROM A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW.

23. GOVERNING LAWS AND JURISDICTION:

23.1 These Terms and any action related thereto will be governed by the laws of Singapore without regard to or application of its conflict of law provisions or user’s state or country of residence.

23.2 Users agree to submit to the exclusive jurisdiction of the courts in Singapore in relation to proceedings arising out of this agreement.

24. DISPUTE RESOLUTION:

24.1 In the interest of resolving disputes between you (merchants and buyers) and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

24.2 We shall not be a party to any of the dispute that arises amongst users (merchants and buyers) or between users and third party. Thus the users agree that we shall not be a party to any of the disputes (including but not limited to product/service related dispute and/or payment related disputes etc.)that arise between the users or between users and third parties. We shall also not at any time be responsible and/or liable to resolve any disputes (including but not limited to product/service related dispute and/or payment related disputes etc.) that arise between the users and/or users and third parties and users alone shall be required to resolve their disputes between them and with third parties.

25. PRIVACY:

We know that your privacy is important. For this reason, we have created a Privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. The security of your personal information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the App and the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. The App reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.

26. NOTICES:

26.1 By using the app and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the app and Services.

26.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.

26.3 Notice will be deemed received and properly served immediately when posted on the app and Services, 24 hours after an email is sent. As proof of service, it is sufficient that the email was sent to the specified email address.

27. SPECIAL ADMONITIONS FOR INTERNATIONAL USE:

The services of our App are available globally. By agreeing to our terms of use and other policies, you warrant that it is completely legal to use our services in your country. It is the duty of the user to verify any potential violation. You agree to indemnify us or sister companies, employees, agents or any related individual or organization for any liability it might incur in a foreign jurisdiction. Our services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so. We reserve the right to monitor the location from which users access our services and to block access from any jurisdiction in which participation is illegal or restricted.

28. NO WAIVER IMPLIED:

The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

29. SEVERABILITY:

Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.

30. ASSIGNMENT:

30.1 You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.

30.2 We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.

31. FORCE MAJEURE:

We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:

(a) acts of god;

(b) natural disasters;

(c) sabotage;

(d) accident;

(e) riot;

(f) shortage of supplies, equipment, and materials;

(g) strikes and lockouts;

(h) civil unrest;

(i) Computer hacking; or

(j) malicious damage.

32. ELECTRONIC COMMUNICATION:

32.1 By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and/or start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.

32.2 In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the app, you give us permission to provide these records to you electronically instead of in paper form.

32.3 By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.

32.4 In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the App by contacting Customer Support.

33. LEGAL COMPLIANCE

33.1 In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.

33.2 You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the app are lawful. You must ensure that they comply with all applicable laws in Singapore and all other countries.

33.3 You should comply with country, state and federal regulations.

34. ENTIRE AGREEMENT:

These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.

35. CONTACT US:

For any further clarification of our Terms and Conditions, please write to us at help@pingin.social.