Enstack Terms of Service

1. Introduction

2. General Privacy

• full name, permanent and residential address, contact number/s, email address, birth   date   and/or   age,   gender,   employment   information,   credit   card   and/or financial account information;
• social media, e-commerce, and other online/mobile account details and other information from which your identity may not be apparent or which may not reasonably and directly identify you, such as, but not limited to, records of your visits and information you submit when using the Enstack Facility;
• information from third parties including information obtained, upon and/or based on your authorization/consent, from any third party, including any other third party source holding information on any financial, transaction, or payment records of the User, and historical transactions;
• traffic, usage, device, and other application information generated or found in your device and from your use of the Enstack Facility;
• anonymous, technical, network, and interaction data generated or available in the device or any other access medium used to access or make use of the Enstack Facility; and
• any other such personal information as you may provide or we may collect.

3. Accounts and Security

4. Enstack Rules

• discriminate against, harass, or otherwise treat other Users on the Enstack Facility with disrespect;
• violate the privacy of any User on the Enstack Facility;
• upload, post, publish or otherwise make available any Content that is abusive, alarming, defamatory,   destressing,   harassing,   harmful,   illegal,   libellous,   objectionable   (racially, ethnically, religiously or otherwise), obscene, unlawful, and/or vulgar;
• upload,   post,   publish   or   otherwise   make   available   any   Content   that   may   feature   an unsupervised minor or use the Enstack services to harm minors in any way;
• upload, post, publish or otherwise make available any Content to which you do not have aright to make available under any law or under any contractual or fiduciary relationship;
• upload, post, publish or otherwise make available any Content that infringes any proprietary rights of any party, including but not limited to any Content which may infringe the copyright or trade mark rights of any other party;
• violate any applicable laws, including any third party rights, through your use of the Enstack Facility, services or the upload of Content;
• impersonate any person or entity, or otherwise misrepresent your affiliation with any personor   entity,   whether   through   your   use   of   the   Enstack   Facility,   through   providing   false, misleading or otherwise deceptive information during the Enstack Account creation, through the upload of deceptive Content, or otherwise;
• use the Enstack Facility, any Enstack services, or upload Content in a manner that is generally deceptive, false, fraudulent, misleading, or otherwise unconscionable;
• use bots, crawlers, scrapers, scripts or other automated means to access or collect data orother Content from or otherwise interact with the Enstack Facility;
• attempt   to   avoid,   decompile,   disassemble,   hack,   impair,   remove,   reverse   engineer   or otherwise  attempt to circumvent, defeat and/or overcome any security or technological measures as implemented by the Company with respect to the Enstack Facility as well as any data transmitted, processed or stored by the Company, Personal Data or otherwise;
• upload, post, publish, transmit or otherwise make available any material which contains software viruses, worms, or any other computer code, routines, files or programs designed to, whether directly or indirectly, interfere with, impede, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software, hardware, data or telecommunications equipment;
• attempt to, whether directly or indirectly, damage, interfere with, impede, manipulate or disrupt any Enstack Facility, services, servers, or networks, and/or any other User’s use and enjoyment   of   any   Enstack   Facility,   or   disobey   any   requirements,   rules,   regulations, procedures, or policies of any network associated with or connected to the Enstack Facility;
• take any action or engage in any conduct that could directly or indirectly damage, disable ,impede, or impair the proper functioning of the Enstack Facility, services or the servers or networks connected to the services;
• harvest, solicit, collect or store any information about or regarding other Users, including, limitation,   any   Personal   Data   or   any   Enstack   Account   information   such   as passwords.
• open and/or operate multiple User accounts in any manner that violates these Terms of Service;
• cause,   permit   or   authorise   the   modification,   creation   of   derivative   works,   translation, manipulation or otherwise of the Enstack Facility without the Company’s express permission;
• sell or attempt to sell any product which infringes upon intellectual property rights, such as trademark or copyright, or use the Enstack Facility in a manner that infringes intellectual property rights (i.e., counterfeit goods);
• infringe the rights of the Company, including its intellectual property rights and any passing off of the same thereof;
  sell or attempt to sell any products that are prohibited and controlled such as weapons, firearms, dangerous items, human parts, protected flora and fauna, illicit drugs, drug paraphernalia, collection, artifacts, precious metals, offensive material and information detrimental to national security; and
• use the Enstack Facility to offer pornography, gambling and illegal services.

• Deletion of listings, posts, or Content;
• Limitations and/or restrictions placed on Enstack Account privileges;
• Enstack Account suspension;
• Enstack Account termination;
• Bans (whether from the Enstack Facility, the Enstack Application or otherwise);
• Criminal charges; and
• Civil actions, including, without limitation, a claim for damages and/or interim or injunctive relief.

• your breach of these Rules, these Terms of Service or any agreement you haveentered into pursuant to the Enstack Facility’s services;
• your fraudulent use of the Enstack Facility; and
• your provision of inaccurate, false or fraudulent data.

5. User Content

• You retain all ownership rights to the Content you have uploaded on the Enstack Facility;
• You hereby  grant the Company a non-exclusive, irrevocable, perpetual, sub-licensable, royalty-free, transferable and worldwide license to use, reproduce, distribute, modify, prepare derivative works of, display, distribute, publish and otherwise exploit that Content without limitation.
• Where Content includes personal information or Personal Data, we will use that Content   only  in  accordance   with   the   Enstack  Privacy   Policy.   You  grant  the Company the right to review, delete, edit, reformat, excerpt, or translate any of your information or Content. The Company will not be liable for any use or misuse of your Personal Data you shared, posted or granted access by others.
• You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. You are   solely   responsible   for   the   Content   and   information   you   make   available through or in connection with our products and services. If your Content violates any laws or legal rights, such as infringing the intellectual property or privacy rights of any third party, or goes against our Rules, including being discriminatory, obscene, harassing or illegal, we reserve the right to remove the Content at our sole discretion, without further notice to you.
• You understand and acknowledge that the Company, and parties which it may designate or authorise in accordance with these Terms of Service, shall have the right (but not the obligation) in their sole discretion to pre-screen any Content. This includes the right to delete, refuse, remove, move, stop or suspend any Content, including without limitation any Content or information posted by you, without any further notice to you.
• Without limiting the foregoing, the Company and its designees shall have the right to remove any Content (i) that violates these Terms of Service (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable.
• To the maximum extent permitted by applicable law, under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of   the   use   of,   or   reliance   on,   any   Content   posted,   emailed,   transmitted   or otherwise made available on the Enstack Facility. You agree and acknowledge that you have not, and may not, rely on any Content created by the Company or submitted,   posted   or   published   on   any   Enstack   Facility,   including,   without limitation any Content published in any aspect of the Enstack Facility by any User.
• You agree and hereby undertake sole responsibility for the consequences of your actions   and   interactions   using   the   Enstack   services,   and   hereby   stipulate admission of liability to the Company and the ENSTK Group for whatever loss or damage the Company or the ENSTK Group may suffer as a consequence of your use or misuse of the Enstack services or access to the Enstack Facility.

6. Third Party Content

7. Reserved Rights

• deny access to the Enstack Facility and / or discontinue Enstack services or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm and warrant to hold the Company and the ENSTK Group free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to the Enstack Facility or the discontinuance of the Enstack service;
• collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information   provided   by   any   User,   explicitly   or   implicitly   to   and   through   the Enstack Facility, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold the Company and the ENSTK Group free from any liability, both under equity and the law, arising or that may arise out of any such   collection,   screening,   review,   flagging,   filtering,   modification,   blocking, refusal or removal of any and/or all information provided by any User to and through the Enstack Facility;
• enhance, improve, develop and introduce for the Enstack services new features and functionalities via the Enstack Facility at any time and without prior notice. You   hereby   understand,   agree,   and   affirm   that   any   such   enhancement, improvement, development, new feature and/or new functionality at the Enstack Facility shall form part of the Enstack services as defined herein and thus shall likewise be covered by these Enstack Terms of Service and its subsequent revisions or amendments, as applicable;
• You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. You are   solely   responsible   for   the   Content   and   information   you   make   available through or in connection with our products and services. If your Content violates any laws or legal rights, such as infringing the intellectual property or privacy rights of any third party, or goes against our Rules, including being discriminatory, obscene, harassing or illegal, we reserve the right to remove the Content at our sole discretion, without further notice to you.
• send you or cause to send you service updates and/or messages, including SMS, notifications,  email   and/or  any  data   message   transmission,  informing  you  of enhancements, improvements, developments, features, functionalities, products ,promotions, offers, advertisement and/or any other information relative to the Enstack services. The Company and the Enstack services make no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold the Company   and   the   ENSTK   Group   free   from   any   liability   and/or   claims   for indemnification or damages that may arise therefrom;
• set limitations to and charge fees and applicable taxes for the use of the Enstack services or the Enstack Facility, at any time and without prior notice (other than required   regulatory   disclosures   which   will   be   disclosed   to   you).   You   further understand and agree that the Company reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes and charges levied for the use of the Enstack services, at any time and with prior written notice to you before the effective date of change in fees / charges /penalties;
• to limit the provision, availability, quantity and quality of any feature, product or service   to   any   person   or   to   anyone   within   the   same   geographic   area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that the Company reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the   Enstack   services   from   any   or   various   locations   outside   the   Republic   of Singapore. You hereby understand, agree, and undertake sole responsibility for your continued access to the Enstack Facility or use of the Enstack services, as well  as the results or consequences of such access and use, including  the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.

8. Termination

9. Indemnity

10. Disclaimers

11. Exclusions and Limitations of Liability

• INABILITY TO COMPLETE, EXECUTE, OR PERFORM ANY TRANSACTION THROUGH THE USE OF ANY PART OF THE ENSTACK FACILITY DUE TO SERVICE, SYSTEM OR NETWORK UNAVAILABILITY;
• ANY DELAY, INTERRUPTION OR TERMINATION OF A TRANSACTION WHETHER CAUSED BY ADMINISTRATIVE ERROR, TECHNICAL, MECHANICAL, ELECTRICAL OR ELECTRONIC FAULT OR DIFFICULTY OR ANY OTHER REASON OR CIRCUMSTANCE BEYOND THE COMPANY AND THE ENSTACK SERVICE’S CONTROL;
• ANY USE OF ANY USER’S ENSTACK ACCOUNT BY ANOTHER PERSON, WHETHER AUTHORISED OR UNAUTHORISED, RESULTING IN ANY LOSS, COSTS, DAMAGES OR PAYABLE TO ANY THIRD PARTY BY THE USER; OR
• ANY MISREPRESENTATION, FRAUD OR MISCONDUCT OF ANY THIRD-PARTY.

12. Intellectual Property Rights

13. Changes to Enstack Terms of Service

14. Miscellaneous

DIGITALLY SIGNED