Enstack Terms of Service

Last updated: 23 December 2022
1. Introduction
1.1 ENSTK (SG) Company PTE. LTD. (referred to herein as the “Company”, “ENSTK(SG)”, “we”, “us” or “our”), has provided these Terms of Service to govern the use and access of the Enstack Facility and/or the Enstack Application (as hereinafter defined below)by Enstack Users (“you”, the “User” or “Users”) and any person who may otherwise use, access, download, browse or register with any of the Enstack website, the Enstack mobile application (the “Enstack Application”), or other related digital medium or media including social media (each and collectively the “Enstack Facility”). Please read these Terms of Service carefully.
1.2 By using, accessing, downloading, browsing, or registering on any Enstack Facility, you signify that you have read, understood, and accepted these Terms of Service and agree to be bound by them, including all related rules and regulations for the use and availment of any service, product or information of the Enstack Facility and/or the Enstack Application, as the same is currently available or as may be made available in the future.
1.3 You   likewise   agree   to   be   bound   by   any   and   all   laws,   rules,   regulations   and governmental issuances applicable to the Enstack Facility or the Company (as hereinafter defined below), now existing or which may hereinafter be issued, as well as such other terms and conditions governing the use of other facilities, benefits, products or services which we may make available to you in connection with the Enstack services, and any programs as may be offered in the future. These laws, rules, regulations and governmental issuances, as well as such other terms and conditions, shall also bind your access to, use, creation, dissemination, upload or publication of any Content (as defined below) to the Enstack Facility.
1.4 You may be required to register an account (“Enstack Account”) to use the Enstack services. If you access the Enstack services via any Enstack Facility, whether via the Enstack Application or otherwise, upon your access of the Enstack Facility to use the Enstack services, these Terms of Service shall be a binding agreement between you and the Company.
1.5 By accessing any Enstack Facility and/or any Enstack Application to use the Enstack services you may be linked to third-party applications (“Third Party Applications”).   By using such Third Party Applications you agree to comply with the applicable Third Party Application terms and conditions and where necessary authorize the Company to accept such Third Party Applications terms and conditions on your behalf. For the avoidance of doubt   you   warrant   to   comply   with   any   application   Third   Party   Application   terms   and conditions and the Company will have no liability in connection therewith.
1.6 If you do not agree, do not fully understand, or have reservations with respect to any provision of these Terms of Service, please exit and stop your use of this Enstack Facility. If you are below 18 years of age, you must obtain permission from a parent or legal guardian to use the Enstack Facility, and that parent or legal guardian must accept these Terms of Service, and agree to take responsibility for your actions, any charges incurred by you, and your acceptance and compliance with these Terms of Services. If not, please exit and stop your use of this Enstack Facility.
2. General Privacy
2.1 We treat your privacy very seriously. Accordingly, we have created the Enstack Privacy Policy to explain our privacy practices in further detail. Please review the Enstack Privacy Policy [https://enstack.com/legal-docs/privacy-policy] to understand how we process any information associated with you, your Enstack Account, and/or your use of the Enstack Facility. In accessing and using the Enstack Facility, you consent to the collection, use, disclosure, and/or processing of your personal information, as defined under the Personal Data Protection Act2012 (hereinafter referred to as “Personal Data”), in accordance with the Enstack Privacy Policy, including: -
  • 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.
2.2 The above information shall be obtained (from you or on your behalf from other sources) upon your registration in the Enstack Facility or upon your application to avail any of the Enstack Facility’s products and services. The above information shall be  collected, used, processed, disclosed, retained, stored, and protected by the Company in accordance with the Enstack Privacy Policy and these Terms of Service.
2.3 In addition, you acknowledge, consent to and agree that the Company may use or disclose your Personal Data, or any other information or Content that is associated with you, to any governmental, legal, or regularity authority, the relevant rights owner, or any other third parties if required to do so by law, pursuant to an order of court, or to any lawful request by any governmental or regulatory authority which has jurisdiction over the Company, or where the Company deems it to be reasonable to believe that such use or disclosure is reasonably necessary to comply with any legal obligations, enforce these Terms of Service, respond to claims over Content, including by third party rights holders, respond to feedback, inquiries, and/or requests, whether from you, other Users or otherwise, and/or protect the rights, property or personal safety of the Company, its Users, and/or the public.
3. Accounts and Security
3.1 Creating an Enstack Account
3.1.1 You must register an Enstack Account to access and use many features of the Enstack Facility. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. If you are below 18 years of age, you must obtain permission from a parent or legal guardian to create an Enstack Account, as well as their consent to comply with these Terms of Service.
3.1.2 In creating your Enstack Account, you agree to provide the true, current, completeand accurate information about yourself in the registration or application form which isnecessary for the purposes of using the Enstack Facility. If any information you provide isuntrue, inaccurate, not current, or incomplete, or where you do not have the requisiteconsent of a parent or legal guardian, we reserve the right to cancel your registration,suspend your Enstack Account, reject any application you have submitted, and restrict yourfuture use of the Enstack Facility and availment of products and services available over theEnstack Facility without notice.
3.2 Personal Responsibility
3.2.1 You are  solely  responsible  for maintaining  the confidentiality of your username, password, account and any other login or authentication and validation information you created or provided to the Enstack Facility, including any mobile one-time password (i.e., one-time-password sent to your registered phone number that is valid for only one login session or transaction and in a certain period of time, to authenticate and identify you.)(“Unique   User   Credentials”).   By   creating,   registering   and   maintaining   your Enstack Account, you agree to honour all activities performed and obligations contracted using your Enstack Account. If there is any unauthorized use of your account or a breach of its security, you   hereby   undertake   to   notify   the   Company   of   the   relevant   circumstances   thereof immediately.
3.2.2 You agree and confirm that any use of your Unique User Credentials shall at all times be presumed to be access by you and, if by a third party, with your consent and authority. Any and all activities or transactions using your Unique User Credentials shall be valid and binding transactions created, committed and performed by you. You may not register more than one account or transfer your account to someone else.
3.2.3 If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, or (ii) disclose your Account information as required under applicable laws.
3.3 Account Security
3.3.1 While the Company has implemented adequate safeguards including as required under the Personal Data Protection Act 2012, the Company does not give any guarantee or warranty with respect to the same. You hereby acknowledge that you provide your Personal Data at your own risk.
3.3.2 You shall not share your Enstack Account or login information, nor let anyone else access your Enstack Account or do anything else that might jeopardize the security of your Enstack Account.
3.3.3 In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login information, you must immediately notify us and modify your login information. You are solely responsible for maintaining the confidentiality of the login information, and you will be responsible for all uses of the Enstack Facility and the login information, including making of purchases and loan applications, whether or not authorized by you. You are responsible for anything that happens to your Enstack Account.
3.3.4 We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
4. Enstack Rules
4.1 Rules
4.1.1 Your use of the Enstack Facility is subject to the following guidelines, rules and regulations (the “Rules”). In order to the use the Enstack Facility, you must follow the following Rules, and must not assist, help, or induce others to break or circumvent these Rules. You agree not to:
  • 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.
4.2 Violation
4.2.1 Violation of the Rules, or any other Terms as listed in this Terms of Service, may result in a range of actions, including, without limitation, any or all of the following:
  • 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.
4.2.2 You shall be liable for any loss or damage suffered by the Company and/or its Users as a result of:
  • 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.
4.2 Reporting of Violations
4.2.1 If you believe that any User is in violation of these Rules, you should report your concerns to us at: dpo_ph@enstack.com
4.2.2 If you believe that any User poses an imminent risk of harm to a person or property, or is otherwise acting in breach of any applicable law, including but not limited to any criminal   law,   you   should   immediately   contact   local   authorities   before   contacting   the Company. If you reported any issue to local authorities, we reserve the right to request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
5. User Content
5.1 Parts of the Enstack Facility enable you to provide feedback, text, photos, video, information,   communicate   with   other   Users,   or   provide   such   other   content   (each   and collectively “Content”). By submitting Content to or otherwise using the Enstack Facility, you expressly agree to the following:
  • 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
6.1 The   Enstack   Facility   may   contain   content   provided   by   third   party   services   and resources.   You   acknowledge   and   agree   that   we   are   not   responsible   or   liable   for   the availability or accuracy, appropriateness, completeness or non-infringement of third party services, or the contents, products or services available on or through such third party services. Unless specified by the Company in respect of its Enstack services via the Enstack Facility and/or otherwise notified to you, the availability of such third party services does not imply any endorsement by us of such third party services of the content, products or services available therefrom. The Company makes no representation or warranties whatsoever about any service, content and/or other resources provided by the third party. You may not copy, remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the products or services in respect of any content and/or other resources provided by the third party.
6.2 We assume no responsibility for the conduct of any third party merchant submitting any content on their products and services or from their resources, and we assume no responsibility for monitoring the Enstack services for inappropriate contents or conduct. We do not, and cannot, pre-screen or monitor all User and partner content. Your use of the Enstack services and availment of the products and services made available via the Enstack Facility shall be at your own risk. By using the Enstack services, you may be exposed to content that may be not in line with your expectations. You bear all risks associated with your reliance on any available content in connection with the Enstack Services.
6.3 By using such third-party services you agree to comply with the applicable third party terms and conditions and where necessary authorize the Company to accept such third party terms and conditions on your behalf. For the avoidance of doubt you warrant to comply with any applicable third party terms and conditions and the Company will have no liability in connection therewith.
7. Reserved Rights
7.1 Without prejudice to the aforesaid, or to any other Terms as contained within this Terms of Service, or with respect to any other policies and guidelines as may be referenced herein, or which may be created, introduced or implemented in the future, we reserve, at our sole discretion but without obligation, the right to:
  • 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
The Company may terminate or suspend your access to or ability to use the Enstack Facility immediately and/or your Enstack Account, without prior notice or liability, for any reason or no reason, in our sole and absolute discretion, including any breach of these Terms of Service or where we believe that you have violated, breached or acted inconsistently with any terms or conditions as set out herein. Termination of your access to and use of the Enstack Facility and/or your Enstack Account shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.
9. Indemnity
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND (AT ENSTACK’S OPTION), RELEASE AND HOLD HARMLESS THE COMPANY, AND ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OFFICERS, PERSONNEL, SHAREHOLDERS AND SUBSIDIARIES HARMLESS FROM AND AGAINST ANY AND ALL ACTIONS, CLAIMS, PROCEEDINGS, AND SUITS, AND ALL RELATED COSTS, DAMAGES, EXPENSES, FINES, LIABILITIES, LOSSES, PENALTIES, AND SETTLEMENTS, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) ANY TRANSACTION MADE AND/OR DISPUTE IN RELATION TO SUCH TRANSACTION ON ANY ENSTACK FACILITY, (B) YOUR BREACH OF THESE TERMS OR ANY POLICIES OR GUIDELINES REFERENCED HEREIN, (C) YOUR IMPROPER USE OF THE ENSTACK FACILITY, (D) YOUR USE OR MISUSE OF ANY SERVICE PROVIDED BY ENSTACK, (E) YOUR BREACH OF ANY LAWS, REGULATIONS OR THIRD PARTY RIGHTS SUCH AS INTELLECTUAL PROPERTY OR PRIVACY RIGHTS, OR (G) ANY CONTENT UPLOADED BY YOU TO ANY ENSTACK FACILITY.
10. Disclaimers
10.1 THE PRODUCTS AND SERVICES AVAILABLE ON THE ENSTACK FACILITY, INCLUDING PRODUCTS AND SERVICES PROVIDED BY THIRD PARTIES THROUGH THE ENSTACK FACILITY ARE PROVIDED ON “AS IS”, “AS AVAILABLE” BASIS AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE COMPANY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY MAKES NO WARRANTY IN ANY MANNER WHATSOEVER IN RESPECT OF THE ENSTACK FACILITY AND THE ENSTACK SERVICES. IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.2 THE COMPANY DOES NOT WARRANT THE QUALITY, ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION, CONTENT, PRODUCTS OR SERVICES PROVIDED OVER THE ENSTACK FACILITY AND EXPRESSLY DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION, IN PARTICULAR OVER ANY CONTENT AND/OR OTHER RESOURCES PROVIDED BY THE THIRD PARTY IN RESPECT OF PRODUCTS OR SERVICES OFFERED THROUGH OR VIA LINKAGE TO THE ENSTACK FACILITY. THE COMPANY DOES NOT GUARANTEE AND PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS AND SERVICES MADE AVAILABLE OVER THE ENSTACK FACILITY OR THAT THE AVAILMENT OF ANY PART OR ALL OF THE ENSTACK SERVICES WILL BE UNINTERRUPTED AND ERROR-FREE.
10.3 THE COMPANY SHALL NOT BE RESPONSIBLE FOR INFORMATION USERS OR MERCHANT PARTNERS MAY POST, DISCLOSE, PUBLISH OR SHARE ON THE ENSTACK FACILITY OR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT UPLOADED, DISCLOSED, PUBLISHED, OR SHARED BY OTHER USERS OR MERCHANT PARTNERS. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MERCHANT PARTNER OF THE ENSTACK FACILITY OR ITS PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE ENSTACK FACILITY.
10.4 THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES ADOPTED BY SITES LINKED TO OR FROM THE ENSTACK FACILITY. SINCE THIRD-PARTY WEBSITES, PLATFORMS OR FACILITIES MAY HAVE DIFFERENT PRIVACY POLICIES AND/OR SECURITY STANDARDS GOVERNING THEIR SITES, WE ADVISE YOU TO CAREFULLY REVIEW THE PRIVACY POLICIES AND TERMS AND CONDITIONS OF THESE WEBSITES, PLATFORMS OR FACILITIES PRIOR TO PROVIDING ANY PERSONAL DATA. IF YOU PROVIDE ANY PERSONAL DATA TO ANY THIRD-PARTY WEBSITES, PLATFORMS OR FACILITIES, THEY MAY PROCESS YOUR PERSONAL DATA ON FOR ITS/HIS/HER OWN PURPOSES, AND IT/HE/SHE WILL BE RESPONSIBLE FOR ITS COMPLIANCE WITH ANY APPLICABLE LAW WITH REGARD TO YOUR PERSONAL DATA AND APPROPRIATE DISCLOSURES TO YOU. YOU ARE ADVISED TO CONTACT THESE THIRD PARTIES DIRECTLY SHOULD YOU HAVE ANY CONCERNS OR QUERIES ARISING THEREFROM.
10.5 IN ADDITION TO THE ACKNOWLEDGEMENTS OF RISK AND LIABILITY AS SET FORTH IN CLAUSE 7.1(I) TO (VII), YOU ACKNOWLEDGE THAT THESE ACTIVITIES CARRY INHERENT RISKS AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE ENSTACK FACILITY, SERVICES, AND ANY CONTENT.
11. Exclusions and Limitations of Liability
11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, OR ASSIGNS, BE LIABLE FOR ANY LOSSES OR DAMAGES (WHETHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE) WHATSOEVER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE), OR ANY OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR INABILITY TO USE THE ENSTACK FACILITY, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE ENSTACK FACILITY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ENSTACK FACILITY IS AT YOUR SOLE RISK.
11.2 THE COMPANY, ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, OR ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR LOSS OR DAMAGE OF ANY KIND WHICH YOU MAY SUFFER AS A RESULT OF BEING A USER OF THE ENSTACK FACILITY, EXCEPT WHERE SUCH LOSS OR DAMAGE ARISES FROM OUR BREACH OF THESE ENSTACK TERMS OF SERVICE OR WAS CAUSED BY GROSS NEGLIGENCE, WILFUL DEFAULT OR FRAUD BY THE COMPANY OR EMPLOYEES, AS MAY BE DETERMINED BY A COURT OF COMPETENT JURISDICTION. THE COMPANY SHALL ALSO NOT BE RESPONSIBLE FOR ANY BREACH OF THESE ENSTACK TERMS OF SERVICE ARISING FROM CIRCUMSTANCES OUTSIDE OUR REASONABLE CONTROL.
11.2 FOR AVOIDANCE OF DOUBT, NEITHER THE COMPANY NOR ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, OR ASSIGNS SHALL BE LIABLE FOR ANY LOSS, COST, COMPENSATION, DAMAGE OR LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM, WHETHER DIRECTLY OR INDIRECTLY, AS A RESULT OF ANY OR ALL OF THE FOLLOWING:
  • 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.
11.3 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF THE COMPANY THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
12. Intellectual Property Rights
12.1 All proprietary designs, trademarks, service marks, brand names, copyrighted works, logos and/or other intellectual property (each and collectively “Intellectual Property”) are owned by or licensed to the Company, or may be owned by or licensed to third party proprietors. No right or license is granted directly or indirectly to any party accessing the Enstack Facility to use or reproduce any Intellectual Property, and no party accessing the Enstack Facility shall claim any right, title or interest therein.
12.2 By accessing and using the Enstack Facility, you acknowledge that the Intellectual Property is subject to intellectual property rights under the laws of the Republic of Singapore, foreign laws, and/or international conventions, and agree to comply with said intellectual property rights and all other applicable laws that protect the Intellectual Property.
12.3 You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of any Intellectual Property, the Enstack services, the Enstack Facility and/or any of its Content unless otherwise expressly permitted.
13. Changes to Enstack Terms of Service
13.1 The Company reserves the right to make changes to these Terms of Service (“Updated Terms”) from time to time. Unless the changes in the Terms of Service are for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective by posting the Updated Terms on the Enstack Facility and/or the Enstack Application.
13.2 Your use of the Enstack Facility after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should therefore review these Terms of Service and any Updated Terms before continuing to use the Enstack Facility.
14. Miscellaneous
14.1 Severability

I
n the event that any provision of these Terms of Service is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms of Service shall not be affected.
14.2 Notice
You agree that all documents or notices may be delivered to you electronically, through your e-mail address provided upon registration. Accordingly, you recognize and acknowledge that it is your sole responsibility to update the Company with your current e-mail address and the Company shall not be liable for any claim of loss or damage for failure to receive notices.
14.3 Survivability
Parts of these Terms of Service that by their nature survive termination, will survive termination of these Terms of Service, and will continue to apply even if you stop using the Enstack Facility or terminate your Enstack Account.
14.4 No Third Party Rights
These Terms of Service do not and are not intended to confer any rights or remedies upon anyone other than you and the Company, its affiliates, and its assigns.
14.5 No Waiver
No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these Terms of Service or otherwise.
14.6 Force Majeure
The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials
14.7 Entire Agreement
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms of Service (including those terms incorporated by reference) set out the entire agreement between you and us with respect to your use of the Enstack Facility and supersedes any and all representations, communications and prior agreements (written or oral) made by you or us.
14.8 Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore. All matters, claims or disputes arising out of or in connection with these Terms of Service shall be submitted to the exclusive jurisdiction of the Courts of Singapore.
DIGITALLY SIGNED
BY USING ANY ENSTACK FACILITY OR OPENING AN ENSTACK ACCOUNT, I ACKNOWLEDGE THAT I HAVE READ THESE TERMS OF SERVICE, AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE, ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES REFERENCED HEREIN, AND ANY FUTURE REVISION TO THESE TERMS OF SERVICE. BY CLICKING THE “SIGN UP” OR “CONNECT” OR “REGISTER” OR “SUBMIT” BUTTON OF ANY SOCIAL MEDIA OR PUBLIC PLATFORMS LINKED TO THE ENSTACK FACILITY OR ENSTACK APPLICATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.