Terms and Conditions

Acceptance of Terms

Introduction and Eligibility

1. The following describes the terms on which Mediacorp Pte Ltd ("MPL") offers you the services and access to the information, communications, compilations, images, sounds, music, videos, audiovisual material, software, text, graphics, messages and all other materials offered, supplied, produced, provided and/or delivered on www.toggle.sg, or such other websites, applications and/or platforms as may be modified and/or directed by MPL from time to time (the "Site"), for your use but only for the lawful purposes described herein.

2. This Site is available for individuals aged 18 years or older. If you are under the age of 18 you should review this Agreement (as defined below in clause 1.4) with your parent or guardian to ensure that you and your parent or guardian understand it.

3. You will be requested to register and provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and confirm that the payment details you provide on ordering are both valid and correct. You also confirm that you are the person referred to in the billing information provided.

4. By accessing or using the Site, you agree to be bound by these terms and conditions, and any other policies, rules and regulations as may be imposed and/or required by MPL from time to time which are incorporated herein by reference, set forth below (collectively referred to as the "Agreement").

5. For the purposes of these terms and conditions, the term "Site" shall include all the services and access to the information, communications, compilations, images, sounds, music, videos, audiovisual material, software, text, graphics, messages and all other materials offered, supplied, produced, provided and/or delivered supplied by MPL to you, whether posted on the Site or otherwise offered, supplied, produced, provided and/or delivered to you whether by way of electronic communications in the form of electronic mails, SMS, or any other such method or technology whether now known or hereafter developed.

6. The Site may be accessed and used by you during the subscription and rental tenure in Singapore only. You undertake and warrant that you are legally entitled and able to use the Site and its contents.

7. MPL may also offer other services that are governed by different terms and conditions. Your use of such other services will accordingly be subject to such different terms and conditions. If there are any fees applicable to such other services, you will make payment of these fees in accordance with the stipulated terms.

Account

1. Some of the content and services offered on the Site are only available to parties who have registered as registered users of the Site with MPL using the application forms available and posted on the Site, in accordance with the provisions of this Agreement. You warrant that all information provided by you, including all information provided in the application form(s) is true, correct and complete and you have the capacity and power to enter into this Agreement and use the content and services provided on the Site. You shall also keep all of the information that you have provided updated, accurate and complete.

2. Once you have registered as a registered user of the Site, please keep your account ("User Account") and your account information confidential, safe and secure. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify MPL of any security breach of your account. MPL shall not be responsible for any losses arising out of the unauthorized use of your account at any time. In particular, you must not:

a. Disclose your registered account identification PIN and/or password to any other party;

b. Allow any other party to use or share your registered account, or use or share another person's registered account.

. MPL can decline and refuse registrations at its sole discretion and for any reason without the need to give any reason to you or any third party.

4. Other users will be similarly responsible for all use of their respective User Accounts. Without affecting any limitation or exclusion of liability elsewhere in this Agreement, MPL will not be responsible or liable, directly or indirectly, for any damage, injury or loss sustained by you or any other party whatsoever and howsoever caused by or in connection with any use made by other users of their respective registered accounts.

5. You acknowledge and consent to MPL collecting and using certain personally identifiable information provided by you for various purposes including without limitation, verification and record of your personal particulars comparing it with information from other sources, to communicate with you to send you information, promotions and updates including marketing and advertising materials in relation to our goods and services and those of third party organisations selected by us and/or sharing it with third parties who work with or on behalf of MPL to provide a product or service to you. Please review our Privacy Policy to understand how we collect and treat personally identifiable information provided by you.

Paid Content and Payment

1. Some of the products, services and content on the Site will require a purchase before becoming available for use ("Paid Content"). Such Paid Content may be subject to individual terms and conditions in addition to the terms and conditions in this Agreement. By purchasing such Paid Content, you also agree that you will be bound by such individual terms and conditions and agree to pay for Paid Content through the Site.

2. Unless otherwise stated, payment may be made by Visa, Mastercard and/or any other methods which may be clearly advertised on the Site from time to time. You agree that MPL may charge your charge card or other account(s) and/or payment methods for any content, products or services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account.

3. You are liable to pay for Paid Content at such charges and at such times as stated in the terms and conditions accompanying such Paid Content, or such charges and times that MPL may determine from time to time. Payment for subscription based Paid Content will be billed in advance at monthly intervals or such intervals as may be approved by Mediacorp. Payment for rental based Paid Content will be billed at the point of sale. All fees are due and payable as soon as the bill is issued, and must be settled by the payment date stated on the bill. The total price on the bill will include the price of the product plus any applicable goods and services tax.

4. In the absence of fraud or manifest error, and subject to this clause, MPL may rely on each bill as conclusive evidence against you of the accuracy, completeness and truth of all matters stated in it. If you wish to reasonably dispute any amount in the bill, you may withhold payment for such disputed amounts if you inform us in writing prior to the payment date shown on the bill. Otherwise, you are liable to pay us all the charges stated in the bill. MPL will investigate any such dispute and provide a written response to you within 30 days from the day MPL is notified of such a dispute. If the dispute is resolved in MPL's favor, you must pay MPL the disputed amount and all costs incurred in recovering the amount. MPL may charge interest on the outstanding amount at 1.5% per month from the date the outstanding amount was due and payable and calculated on a daily basis or at such other rates as we may prescribe from time to time. Alternatively, MPL may charge the standard late payment fee as we may prescribe from time to time. If MPL agrees there is a mistake in the bill, MPL will adjust the next bill accordingly. If you have already paid a bill and subsequently choose to contest it, any such dispute must be raised in writing to MPL not later than 1 year from the date of that bill.

5. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING MPL WITH A VALID CHARGE CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. You are also responsible for paying all fees without any counterclaim, deduction, set off or withholding whatsoever. Where payment is by credit card, you confirm that the credit card that is being used is yours or that you have been specifically authorized by the owner of the credit card to use it. All credit card holders are subject to validation checks and authorization by the card issuer, and if the issuer of your payment card refuses to authorize payment to MPL, we will not be liable for any delay or non-delivery. All fees will be billed to the charge card or any approved third party payment account you designate during the registration process. If you want to designate a different payment method, you may do so through the Site. If there is a change in your charge card or payment account status (for example, if your credit card is lost, stolen, expired or terminated), you must inform us immediately in writing and change your information through the Site. A change in payment methods may temporarily disrupt your access to the Site while MPL verifies your new payment information.

6. We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using a third party payment gateway.

7. You will be responsible for complying with any terms and conditions and charges imposed by third party service providers in connection with payment gateway services they provide to facilitate your online payments. Without affecting any limitation or exclusion of liability elsewhere in these terms and conditions, MPL will not be responsible or liable, directly or indirectly, for any damage, injury or loss sustained by you or any other party whatsoever and howsoever caused by or in connection with your use of any third party payment gateway services.

8. All sales and purchases of Paid Content on the Site are final and are, unless otherwise expressly stated in each product description, non-refundable.

9. Prices for Paid Content offered via the Site may change at any time. MPL does not provide price protection or refunds in the event of a price reduction or promotional offering. For the avoidance of doubt, MPL reserves the right to, at any time, make any change, modification and/or variation to any of the services and/or content (including but not limited to price(s), content bundles and content packaging) available on the Site. Any and all such changes, modifications and/or variations will be notified on an appropriate section on a part of the Site as MPL may from time to time determine.

Electronic Transactions

1. Your use of the Site includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

2. You hereby expressly agree and acknowledge:

a. that all electronic communications made pursuant to this Agreement and/or use of the Site shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document;

b. not to contest the legally binding nature, validity or enforceability of any transaction on the Site on the ground that it was entered into electronically;

c. to expressly waive any and all rights it may have to assert any such claims and shall comply with all relevant laws concerning electronic communications; and

d. any and all transactions, including but not limited to the passing of risk and/or title to any and all products and/or goods purchased and/or transacted on the Site, hereunder shall be deemed and construed to be transacted, transferred and/or passed to you in the Republic of Singapore.

Usage Restrictions

1. Unless otherwise expressly specified, all content and services offered on the Site are only allowed for consumption in Singapore during the subscription or rental tenure.

2. Access to any of the content on the Site is restricted to a single stream access on a single device at any one time. i.e. you may not access the same content on more than one device at any one time.

3. Access to any of the content and/or services is permitted only on duly authorized devices that are within the legal specifications of the original device manufacturer.

MPL and User Content

1. All content (including without limitation all text, photographs, graphics, video and audio content) located on the Site is the exclusive property of MPL or its content suppliers and protected by Singapore and international copyright and trademark laws. All rights in and to all materials displayed on the Site are reserved by MPL and you may not (and may not attempt to) copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create any derivative work of, transmit, repost or in any way exploit any part of this Site for any purpose. Without limiting the generality of the foregoing, you may not (and may not attempt to) distribute any part of this Site over any other website or any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. The Site has been specially designed and compiled for presentation of content in a unique format and appearance to MPL's users. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of MPL and protected by Singapore and international copyright laws. All software used on the Site is the property of MPL or its software suppliers and protected by Singapore and international copyright laws. MPL is concerned about the integrity of the Site when it is viewed in a setting created by a third party that includes advertising or other materials that MPL has not authorized to be displayed with the Site. Without limiting the foregoing provisions, neither you nor any third party shall make use of the contents of the Site in any manner that constitutes an infringement of MPL's rights, including copyright.

2. MPL provides the facilities on the Site to permit you to submit comments, materials, information, articles, photographs, text, graphics, video and/or audio content ("User Content") to MPL or to the Site directly for publication on the Site. You are solely responsible for your User Content, and MPL acts as a passive conduit for your online distribution and publication of your User Content.

3. With respect to User Content:

a. User Content (or any materials contained therein) shall not: be false, inaccurate or misleading; be false, fraudulent, inaccurate, incorrect or untrue; infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); be defamatory, libelous, offensive, unlawfully threatening or unlawfully harassing; be obscene or contain child pornography or anything adult in nature or harmful to minors; contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for MPL or cause MPL to lose (in whole or in part) the services of MPL's ISPs or other suppliers. Furthermore, you may not submit any User Content on the Site that could cause MPL to violate any applicable law, statute, ordinance or regulation.

b. You agree, represent and warrant that you have all necessary licenses, rights, consents and permissions to publish the User Content.

c. You hereby grant MPL a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right to use, reproduce, distribute, prepare derivative works of, display and perform the User Content and to otherwise exercise the copyright and publicity rights you have in your User Content, in any media now known or not currently known, with respect to your User Content. You also hereby grant each user of the Site a non-exclusive, perpetual, irrevocable, royalty-free licence to access your User Content on the Site and to use, reproduce, distribute, prepare derivative works of, display and perform the User Content and to otherwise exercise the copyright in your User Content as permitted through the functionality of the Site.

d. You shall not assume a false identity or the identity of some other member when using the Site or transmit libelous, harassing, vulgar or otherwise objectionable messages through the Site; or post materials subject to copyright or other intellectual property rights claimed by any third party; or use the Site for any unlawful or illegal activities (including spamming the other users by sending unsolicited e-mails).

4 Certain data transmissions between your computer and the Site are conducted through secure servers and protected by Secure Socket Layer (SSL) technology. Certain services further require you to register, use passwords and/or digital signatures. While MPL will use reasonable endeavours to provide reasonable precautions to protect any information or material that is confidential in nature, MPL does not guarantee that information transmitted through the internet is secure or that such transmissions will be free from delay, interruption, interception or error.

Trade Marks and Good Will

The trade marks, service marks and logo (the "Trade Marks") used and displayed on the Site are registered and unregistered Trade Marks of MPL, its affiliates or its licensors. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trade Marks displayed on the Site, without the written permission of MPL. MPL, its affiliates and licensors aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Toggle, Mediacorp or the Trade Marks may not be used in any way, including in advertising or publicity pertaining to the distribution of User Content on the Site, without prior written permission of MPL. MPL prohibits use of the Trade Marks as a "hot" link or inlink to any MPL site or any other site unless establishment of such a link is approved in advance by MPL in writing

Removal of Content

MPL shall have the right, but not the obligation, to monitor the content on the Site, and MPL shall have the right to remove or delete any material (including User Content) that MPL, in its sole discretion, finds to be in violation of any applicable laws, codes, rules or regulations. MPL shall have the right to remove any material (including User Content) submitted to or posted on the Site. Without limitation to the foregoing, MPL shall have the right to remove any material (including User Content) that MPL, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable or inappropriate without having to assign any reason therefore.

Termination

1. MPL reserves the right to terminate your use of the Site with or without notice to you if:

a. it determines at its sole discretion that you have breached the terms of this Agreement or violated or acted inconsistently with the letter or spirit of these terms and conditions;

b. it determines at its sole discretion that you have violated the rights of MPL or any third party;

c. it reasonably suspects that you are using and/or allowing the Site to be used for illegal, improper and/or fraudulent purposes. In such event, you will also be referred to the relevant authorities without notice, and MPL will comply with the directions or guidelines issued by these authorities without further reference to you;

d. you become or threaten to become a bankrupt under the laws of any jurisdiction applicable to you;

e. you pass away; or

f. for any other reason whatsoever.

2. You agree that MPL may modify or discontinue this Site, with or without notice to you, and that MPL will not be liable to you or any third party as a result of such modification or discontinuation.

3. You may terminate your subscription to any of the Paid Content by notifying MPL of your intention to terminate by calling MPL at our Toggle Customer Service hotline or emailing us at the designated email address. Please note that you will be liable for all payments for all applicable fees up to and inclusive of the actual date of termination of the use of any Paid Content. MPL does not provide refunds or credits for any unconsumed Paid Content, including but not limited to refunds for partial-month subscription periods.

Personal Data

1. Your personal data will be collected, used, disclosed and/or processed by Mediacorp for the following purposes: To provide goods and services by Mediacorp or its designated representatives and/or business partners to you or parties designated by you and matters ancillary thereto. To verify and process payment when you purchase goods and services from the Site. For verification and record of your personal particulars including comparing it with information from other sources and using the information to communicate with you. To conduct statistical analysis of the users of our sites including the number of users, the frequency of use, profile of users and using such analysis for our business plans, the enhancement of our products and services, targeted advertisements and conveying such information in broad terms (but not information in relation to specific individuals) to third parties who have or propose to have business dealings with us. To send you notices, information, promotions and updates including marketing and advertising materials in relation to our goods and services and those of third party organizations selected by us. To comply with any request from any third party or any order of court or directive from authorities investigating any alleged offence, misdeeds and/or abuse or for the purposes of taking legal action against any users for breach of these Terms of Use. For the above purposes by third parties (who may be based outside Singapore) who offer goods and services or sponsor contests or other promotional programs on our site, whether in conjunction with us or not, if you purchase such goods, use such services or participate in such contests and promotional programs. We may send a regular email / newsletter / update to our members to keep them informed about new services and promotions. By agreeing to these Terms of Use, you agree to receive this regular email / newsletter / update subject to these Terms of Use

2. By agreeing to these Terms of Use, you :

a. consent to Mediacorp and/or other Mediacorp group companies collecting, using, disclosing and/or processing your personal data for the purposes as described above;

b. consent to Mediacorp and/or other Mediacorp group companies transferring your personal data out of Singapore to Mediacorp’s and/or other Mediacorp group companies’ third party service providers or agents for the purposes as described above.

If you have any questions relating to Mediacorp’s and/or other Mediacorp group companies’ collection, use and disclosure of your personal data, please email support@toggle.sg, or such other person as Mediacorp may designate, from time to time, whether by informing you through any letter, circular, notice, email or through the Site.

Restrictions

1 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without MPL's prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on MPL's infrastructure. You agree that you will not take any action that interferes with any other user’s access or use of any or any part of the Site. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to MPL by MPL's users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your User Content) from the Site without the prior express written permission of MPL or the appropriate third party.

2. MPL shall not be responsible for any connection or access to the Site by you or the quality of the transmission of any information passing between you and the Site. You will be responsible for providing your own communications equipment to access the Site via the Internet, and the Internet access charges thereon.

3. Where you subscribe for any of the services on the Site that relates to any advertisement or other similar services, whether as a potential seller or a potential buyer, you hereby expressly acknowledge and agree that the Site acts as a venue only and MPL is not involved nor responsible for the correctness, accurateness or truthfulness of any information that is posted by other users of the Site or the posting, provision, delivery of such information from MPL to you. MPL cannot, does not and has no control or ability to verify if all information, data and all such other materials posted, provided and/or delivered to you hereunder are correct and you further expressly agree to release, hold harmless and indemnify MPL, its parent, subsidiaries, affiliates, employees and officers from any claims, demands, losses, liabilities, costs, expenses and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected herewith and/or with any dispute between any users of the Site.

4. In particular and without limiting the generality of the foregoing, you MUST not, and must NOT attempt to:

a. display, print, save, cache, copy, reproduce, change, alter, modify, or create any derivative work of, any or any part of the Site or any registered account(s);

b. offer, sub-sell, lend, rent, lease, sub-license, or otherwise grant to any third party any right in respect of, any or any part of the Site or any registered account(s);

c. communicate, distribute or make available for download in any way (including, without limitation, from or through any computer or server or network) any or any part of the Site or any registered account(s);

d. exploit in any way for any personal or other gain any or any part of the Site or any registered account(s); or

e. deeplink from any other website to, or frame on any other website, any or any part of the Site or any registered account(s). For the avoidance of doubt, sharing a link on third party social

5. You must NOT at any time: a. assume a false identity or the identity of some other registered user to access or use any or any part of the Site or any registered account(s);

b. use any robot, spider, other automatic device, or manual process to monitor or copy any or any part of the Site or any registered account(s);

c. use any device, software or routine to interfere or attempt to interfere with the proper working or display of any or any part of the Site or any registered account(s);

d. take any action that damages, disables, overburdens, impairs or imposes an unreasonable or disproportionately large load on any part of MPL's infrastructure or any or any part of the Site or any registered account(s);

e. take any action that interferes with any other user's access or use of any or any part of the Site or any registered account(s);

f. use any or any part of the Site or any registered account(s) for sending out unsolicited e-mails; or

g. use any or any part of the Site or any registered account(s) in any way that will or could:

violate, or that will or could result in MPL or any of MPL's Group Companies violating, any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising), or code of practice, direction, order, or guideline issued by any regulatory authority; cause any form of loss or damage to MPL or any of MPL's Group Companies or any third party (including, without limitation, loss of reputation and goodwill); or create any liability for MPL or any of MPL's Group Companies or cause MPL or any of MPL's Group Companies to lose (in whole or in part) the services of any Internet or telecommunication service provider or any other supplier of products and/or services.

6. You agree and acknowledge that all discussion for ratings, comments and/or other message or communication facilities, including but not limited to third party sites, applications and/or facilities which may be linked to the Site (collectively "Communities") are public and not private communications, and that, therefore, others may read your communications without your knowledge. MPL does not control or endorse the content, messages or information found in any Community, and, therefore, MPL specifically disclaims any liability concerning the Communities and any actions resulting from your participation in any Community, including any objectionable content. Generally, any communication which you or any other person posts to the Site (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by MPL as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, you grant MPL the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.

Disclaimers and Indemnities

1. The Site is available on an "as is where is" basis. Any and all use of any and all Services and the Site by you shall be at your sole risk. MPL makes no representation or warranty, whether express or implied (to the extent permitted by law): (a) as to the use, security, accuracy, reliability, non infringement, satisfactory quality or fitness for any particular purpose of the Site; or (b) that the use of the Site will be uninterrupted and free of any error, viruses or bugs. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through the Site. MPL shall not be responsible for the availability or content of other services that may be linked to the Site. MPL does not make any representations, nor does MPL endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in the Site or available though links in the Site. MPL reserves the right to correct any errors or omissions in the Site. Although MPL intends to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to the Site, MPL does not guarantee or warrant that the Site or materials that may be downloaded from the Site do not contain such destructive features. MPL is not liable for any damages or harm attributable to such features. If you rely on the Site and any materials available through the Site, you do so solely at your own risk. MPL, ITS EMPLOYEES, SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED CORPORATIONS MAKE NO WARRANTY AND HEREBY DISCLAIM ALL AND ANY WARRANTY, EXPRESS OR IMPLIED (TO THE EXTENT PERMITTED BY LAW) (1) IN RESPECT OF THE USE, SECURITY, ACCURACY, RELIABILITY, TIMELINESS, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE CONTENT OR OF THE USE OF THE SITE; (2) IN RESPECT OF HARM ARISING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, WHETHER OR NOT KNOWN; AND (3) THAT THE CONTENT AND ANY FUNCTIONS ASSOCIATED THEREWITH WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE AND ITS SERVER WILL BE FREE OF ALL VIRUSES AND/OR OTHER HARMFUL ELEMENTS.

2. IN NO EVENT SHALL MPL, ITS EMPLOYEES, SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED CORPORATIONS BE LIABLE TO YOU AND/OR TO ANY PARTY FOR ANY DAMAGES, EXPENSES, CLAIMS, COSTS OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, (OTHER THAN FOR DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM YOUR USE OF THE SITE CAUSED IN WHOLE BY MPL'S NEGLIGENCE) ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE), YOUR USE OF OR INABILITY TO USE THE SITE, THE CONTENT OF THE HYPERLINKS, INCLUDING BUT WITHOUT LIMITATIONS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES. ANY CLAIM AGAINST MPL SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SITE.

3. You agree to indemnify and hold harmless MPL, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms and conditions and/or any other regulations or requirements of MPL. MPL reserves the right to take over the exclusive defense of any claim for which MPL is entitled to indemnification under these terms. In such event, you shall provide MPL with such cooperation as is reasonably requested by MPL.

General

1. These Terms and Conditions shall be governed exclusively by the laws of the Republic of Singapore without any regard to any conflicts of laws principles. Any and all dispute arising out of the use of the Site shall be deemed to have taken place in Singapore and shall be referred by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force which rules are deemed to be incorporated by reference into these terms and conditions. If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. Any failure to act by MPL with respect to any breach by you or others of any of the provisions of these terms and conditions does not waive MPL's right to act with respect to subsequent or similar breaches.

2. MPL reserves the right to revise, withdraw or make changes to these terms and conditions and the Site, in whole or in part, at any time and from time to time. This includes, without limitation, the right to introduce new, and change the then-current, fees, price plans, billing methods for any and all registered users. All revisions, withdrawal and/or changes will be posted on the Site and all such revisions, withdrawals and/or changes shall automatically be effective once they are posted on the Site or notification by electronic or conventional mail or such other means as determined by MPL at its sole discretion. You are responsible for checking the Site for the most current terms and conditions. Each time you access or use the Site, you will be deemed to have agreed to be legally bound by the most current terms and conditions.

3. You agree that MPL can (but is not obliged to) send you notices (including, without limitation, those regarding changes to this Agreement) by email, regular mail, postings on the Site or any other mode of communication as MPL deems appropriate.

4. A failure by MPL to act on any breach by you or others of any of the provisions of this Agreement does not waive any of MPL's rights for that breach or any subsequent or similar breaches.

5. If a Court of any competent authority decides that any provision (or part thereof) of this Agreement is void or ineffective in whole or in part, then the void or ineffective provision or part thereof will be deemed excluded and all other provisions and parts of this Agreement will not be affected and will continue in full force and effect.

6. This Agreement, together with any other legal notices posted on the Site and any other terms and conditions that MPL may from time to time impose on specific Paid Content, shall constitute the entire agreement between you and MPL concerning the use of the Site.

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