San Qing Gong Taoist Cultural Centre (Singapore)

海纳百川,道妙无穷

San Qing Gong, the first orthodox taoist temple in Singapore, was founded in March 2003.

Terms and Conditions

TERMS OF USE

These Terms of Use (“TOU”) form a contract between you (“your” or “user(s)”) San Qing Gong Taoist Cultural Centre (Singapore) (UEN: T02SS0201G) (“SQGTCC”, “us”, “we” or “our”), a charity organisation registered in the Republic of Singapore, and governs your access to and use of the SQGTCC Platform (“SQGTCC Platform”). The SQGTCC Platform includes https://www.sqg.com.sg/, all its subdomains, and related services and apps. By using, visiting, accessing or registering with the SQGTCC Platform, you agree to accept and be bound by the terms and conditions set out in this TOU and the policies referenced herein and/or available by hyperlink. Please read this TOU carefully and in its entirety.

  1. The SQGTCC Platform is a website that allows members to make Donations and to purchase religious Goods and Services.

We are an online platform

1.1 The SQGTCC Platform is established to allow members of the community to make Donations and purchase religious Goods and Services. We may in time to come, provide other related services and apps.

When you use our Services, you enter into a legally binding agreement

1.2 You agree that by clicking “Sign Up”, “Login” or similar buttons, accessing, registering or using our Services in any way, you are entering into a legally binding agreement with us. For clarity, this agreement also applies to unregistered visitors.

You have also agreed to our Privacy Policy

1.3 By doing the above, you agree that you have accepted our Privacy Policy, and other terms that may be displayed to you at the time you access the Services.

1.4 These TOU and our Privacy Policy may be changed by us at any time, and will be effective when posted on the SQGTCC Platform or when you are reasonably notified by other means. If you do not wish to be bound by such change, you may discontinue using the Service before the change becomes effective. Your continued use of the Service after the change becomes effective indicates your agreement to the change. We strongly advise you to review the terms of use published on the SQGTCC Platform on a regular basis to ensure you understand all terms and conditions governing use of our Services.

We may change the features

1.5 We may change, enhance, suspend or end any features by notification on our SQGTCC Platform, to the extent allowed under law.

  1. Eligibility

You are eligible to enter into this TOU

2.1 Subject to Clause 2.2, you confirm that (i) you are more than 18 years old; (ii) you will only have a registered Account with us using the name stated in your NRIC or passport; (iii) you have not been restricted by us in using any of the Services; and (iv) you are otherwise fully able and competent to accept and comply with these Terms of Use.

2.2 If you are below the age of 18, you must obtain: (i) the consent of your parent(s) or legal guardian; (ii) their acceptance of the Terms; (iii) their guarantee in respect of your obligations under these Terms; and (iv) their guarantee in respect of your obligations relating to any transactions on the SQGTCC Platform before using the Services.

2.3 If you are agreeing to these Terms and/or using the Services on behalf of a business entity (be it a sole proprietorship, partnership, company etc), you represent and warrant that you have authority to bind that business to these Terms, and your agreement to these Terms will be treated as the agreement of that business entity. In this event, “you” and “your” refer to that business entity.

  1. Definitions

Some phrases commonly referred to are defined here

“Account” means the account that you have opened with us for the provision of the Services.

“Confidential Information” means all proprietary information labelled as “confidential” or which a reasonable person would regard as confidential information, including but not limited to, Personal Data, business plans, financial reports, quotations, price lists, customer lists and other customer information, descriptions of manufacturing processes, and product development and marketing plans.

“Content” includes without limitation, information, data, text, messages, writings, articles, responses, business profiles, photographs, videos, audio clips, software, scripts, graphics and interactive features generated, or other materials provided or otherwise made accessible on or through our Services, excluding any personal data.

“Donations” shall have the meaning ascribed to it in Clause 9.4.

“Force Majeure Event” includes but is not limited to events that delay the performance of either party’s obligations under these Terms or prevent either party from carrying on business on account of pandemics, strikes, shortages, riots, insurrections, war, acts of terrorism, fires, floods, storms, explosions, earthquakes, acts of God, governmental action, labour conditions, failure or disruption of a utility service, internet service provider, hosting provider, or transport or telecommunications network, or any other cause which is beyond our reasonable control.

“Goods” means the goods that may be purchased through the SQGTCC Platform.

“Intellectual Property Rights” includes all the worldwide rights, titles and interests in and to the Services and SQGTCC Platform, applications, text, pictures, videos, graphic, user interface, trademarks, logos, applications, programs, software and platform that we use to provide the Services and in all Content.

“Paid Goods and Services” means Goods and Services that require a payment of fees.

“Participating Period” means the period beginning on the date that these Terms were read and agreed to by you until such date that these Terms no longer apply due to termination pursuant to Clause 12.

“Payment Processor” means a Third-Party Service Provider appointed by us to process your credit and/or debit card payments on behalf of a bank.

“Personal Data” means any data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which we have or are likely to have access, including data in our records as may be updated from time to time. Examples of such Personal Data include an individual’s name, NRIC, passport or other identification number, telephone number(s), residential address, email address and any other information relating to any individual which you provide to us.

“Services” means the provision of services, information and functions provided by us through the SQGTCC Platform. These services are inclusive but not limited to the facilitation of registration for events, Donations as well as the purchase of certain Goods.

“Terms of Use”“TOU” and/or “Terms” means the terms and conditions set forth herein that govern your access and use of the SQGTCC Platform and/or Services which may be modified, amended or replaced by us from time to time at our sole discretion. Our up-to-date Terms of Use are accessible on the SQGTCC Platform and it is your duty to refer to it from time to time to review changes, if any.

“Third Party Services” means Services that may be provided by or may incorporate the services provided by Third Party Service Providers.

“Third Party Service Provider(s)” means any Third-Party Service Provider, which includes but is not limited to a Payment Processor, supplying services which are necessary in order for us to provide the Services.

“Unpaid Services” means any service, website and app provided by us that are not Paid Services.

“We” and/or “us” means San Qing Gong Taoist Cultural Centre (Singapore) (UEN: T02SS0201G).

“Your Content” shall include Content that you choose to provide to us through any form including but not limited to web forms within the SQGTCC Platform, emails to us, any information in your conversations with any of our employees and/or agents, and any Content submitted to Third Party Service Providers that may be transmitted through us. You confirm that Your Content does not contain any Confidential Information and any use by us will not lead to a breach of confidence on our part, subject to the relevant data privacy laws within your jurisdiction, including but not limited to the Personal Data Protection Act 2012.

  1. Registration

Restricted access

4.1 To use our Services other than browsing the websites published by us, you must first set up an Account with us. We reserve the right to otherwise restrict access to our Services at our discretion.

You promise to provide us with true and accurate information

4.2 When registering an Account with us, you agree to provide us with true, accurate, current and complete information and any information that we may reasonably require to provide you with the Services. You also agree to keep your contact information up to date.

You allow us to use all Content

4.3 Your registration constitutes consent for us to use all Content, including any Personal Data which you provide us during registration, for the purposes set out in our Privacy Policy and for ancillary uses for which your consent may reasonably be implied.

4.4 Save that we will comply with the relevant data privacy laws within our jurisdiction, including but not limited to the Personal Data Protection Act 2012, nothing in these Terms of Use shall be deemed to impute an obligation of confidentiality on us with respect to your registration information and Content. If required by law (including a court order and a government or regulatory demand or requirement having the force of law), we will disclose such information as so ordered.

You will be responsible for your Account and ensure it is for your own use

4.5 You are solely responsible for the management of your Account and password. You are solely responsible for restricting access to your computer(s) and maintaining the confidentiality and security of your Account, login details, passwords, and all activities that occur under your Account. You must notify us in writing immediately if you become aware of any unauthorised use of your Account or password. You agree that the Account will be used by you only and will not be shared with or transferred to others.

4.6 You are solely responsible for any activity on the SQGTCC Platform arising out of any failure to keep your password confidential and you may be held liable for any losses arising out of such a failure. We cannot and will not be liable for any loss or damage arising therefrom.

4.7 For security purposes, including the investigation of whether any user is using the SQGTCC Platform for fraud, money laundering, insider trading or other unlawful activity, we have the right, and sole discretion, to immediately

  1. terminate your Account;
  2. restrict your access to the entire SQGTCC Platform or parts thereof;
  3. suspend the provision of Services to you;
  4. report your activity to the relevant law enforcement officials and provide evidence in support for such officials to conduct their investigations; and/or
  5. take any action which we deem appropriate to the circumstances
  1. Obligations

You agree to the statements of facts set out here and agree to the following: 

5.1 You warrant that:

  1. You will comply with all rules, regulations and applicable laws in your jurisdiction in connection with the use of the Services;
  2. You shall avoid conflict of interest situations that arise in connection with the use of our Services;
  3. You undertake to keep us and our affiliates, officers, agents, partners, and employees indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of your breach of any of the warranties and/or Terms or any alleged negligence, willful misconduct.

5.2 You agree not to:

  1. use the SQGTCC Platform or Services other than as authorised and in accordance with these Terms of Use;
  2. copy the Content or use the Services for any other purpose;
  3. copy or use the Content in connection with a service deemed competitive by us;
  4. modify, translate or create derivative works of our Content and/or Services or any part thereof;
  5. send spam or other unwelcomed communications to others, or act in an unlawful, defamatory, libelous, abusive, discriminatory or otherwise objectionable manner as determined by us, through the use of our Services;
  6. disparage the SQGTCC Platform, its employees, products, business or any affiliates;
  7. use any device, software, routine or use the Services in any way that interferes with any application, function, or use of the Services, that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication, including but not limited to our security mechanisms of the SQGTCC Platform;
  8. sell, sublicense, time-share, or otherwise share the Services with any third party;
  9. reformat, frame or mirror the Services;
  10. decompile, disassemble or reverse-engineer the underlying software or application that is part of the Services or otherwise attempt to derive its source code;
  11. use the Services either directly or indirectly to support any activity that is illegal, fraudulent, abusive and/or amoral including but not limited to violating our Intellectual Property Rights or that of others;
  12. use the Services in such a way or attempt to commercially exploit any part of the Services without our permission, including without limitation modify any of the Service’s Content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
  13. access and/or use the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; and
  14. authorize any third parties to do any of the above.
  1. Content and Intellectual Property Rights

You promise to provide information that is true, accurate and lawful.

6.1 Subject to Clause 6.3, you must ensure that all Content provided by you is timely, true, complete, current, accurate and complies with the relevant laws and/or regulations.

You agree to indemnify us for losses sustained arising out of Your Content you provide, submit or transmit through our Services.

6.2 You undertake to keep us, our affiliates, officers, agents, partners, and employees indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of Your Content you provide or transmit through the Services, or your violation of any rights of another as a result of the provision, submission of transmission of Your Content through the Services.

6.3 You are solely responsible for and assume all risks for any Content posted or supplied by you and you agree that we have no control over the Content and its veracity. Save for Personal Data required from you for purpose of registering an Account, you must ensure that all Content provided by you does not contain any information that personally identifies third parties without their consent and complies with the relevant data privacy laws of the relevant territories including but not limited to the Personal Data Protection Act 2012. You may be liable for expenses incurred by us for scrubbing such information of third parties, cost as incurred.

Your Content is yours but you grant us a non-exclusive licence to use it

6.4 When you provide Your Content to us for the purpose of it being used on SQGTCC Platform or via the Services, including messages and sharing of information with other third parties (including Third Party Service Providers) through the Services, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license to use, host, store, cache, reproduce, publish, display, distribute, transmit, modify, adapt, and create derivative works of Your Content, without any further consent, notice and/or compensation to you or others, subject to the relevant legislations and the Privacy Policy.

Termination of your licence to us

6.5 You may terminate the non-exclusive license for a specific portion of Your Content by deleting it from the Services, or do so generally by closing the Account and/or by the termination of this TOU, except (a) to the extent that Your Content has already been shared with others as part of the Services and they copied or stored it; (b) for a reasonable period of time we require to remove from backup and other systems; and (c) Your Content has already been modified and adapted to form anonymised data.

Content provided by others is to be used or viewed at your own risk

6.6 All Content transmitted through the Services is the sole responsibility of the person from whom such Content originated. We do not verify the veracity of nor do we endorse any Content posted or supplied to us. We assume no responsibility for the content nor do we endorse the websites linked on the SQGTCC Platform. We will not be liable for any loss or damage that may arise from your use of them.

6.7 You acknowledge that you are solely responsible for evaluating all risks associated with the access, use, accuracy, usefulness, completeness, appropriateness or legality of any Content conveyed through the Services.

6.8 If you dispute any Content or feel that the Content is false, intentionally misleading, defamatory or offensive, you may communicate directly with us for the purpose of verifying the Content or taking down the Content from the SQGTCC Platform. We can be contacted at However, any removal by us is at our sole discretion and without any admission of liability.

6.9 We reserve the right to, but do not have any obligation to, remove any Content from the SQGTCC Platform at any time, and for any reason, without notice.

We own all Intellectual Property Rights

6.10 We own all Intellectual Property Rights, except those pertaining to Your Content. These Terms of Use do not convey any proprietary interest in or to our Intellectual Property Rights.

Feedback may be submitted by you

6.11 You may choose to submit comments, bug reports, ideas or other feedback about the SQGTCC Platform (collectively, “Feedback”). By submitting Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

  1. Service and Access

We will try our best to ensure uninterrupted access to the SQGTCC Platform

7.1 We will endeavour to the best of our abilities, within commercially reasonable means, to ensure that SQGTCC Platform and the Services are available at all times.

7.2 Notwithstanding the foregoing, we (a) do not warrant that your use of the Services will be uninterrupted or error-free or that the Services will meet your requirements; (b) are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet; (c) shall not be responsible for non-performance of the Platform or Services caused by any use that is contrary to our instructions, or modification or alteration by any party other than us or our representatives, and will only provide support to correct such non-performance at our sole discretion; and (d) shall not be responsible for any loss or damage arising from your failure to keep your passwords secure and confidential.

7.3 You acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

  1. Events Registration

Registration for events is subject to availability and acceptance by us

8.1 As part of our Services, you may be able to register for events on our Platform. Any such registration is subject to availability and acceptance by us. We reserve the right to accept or reject any registration.

Registrations are non-transferable

8.2 Upon confirmation of your registration, no exchange or substitutions shall be made under any circumstances. Registrations are strictly non-transferable.

We have the right to refuse admission without compensation

8.3 We reserve the right to refuse admission or evict any person whose conduct is disorderly, inappropriate, poses a threat to security or to the enjoyment of the programmed by others, with no refund or compensation payable to you.

Cancellation policy for registration of events

8.4 We reserve the right to change the content, timing, speakers, date and venue of the event. If an event is postponed or cancelled, a Postponement Publicity Notice or a Cancellation Publicity Notice shall be placed on our website (www.sqg.com.sg) and/or Facebook page (www.facebook.com/SanQingGong/). If the event is cancelled by us not due to any Force Majeure Events and without any reasonable basis, we will refund the ticket price to you and disclaim any further liability. All other fees, including booking fees and handling fees shall not be refundable.

No refunds will be given for cancellation of registration

8.5 Upon confirmation of your registration, no refund will be given if you cancel your registration.

8.6 If you wish to cancel your registration, kindly inform us in writing at least 5 working days prior to the commencement of the event. Non-payment or non-attendance does not constitute a cancellation.

Photographs and Videos at Events

8.7 We may take photographs or videos of participants at our events. By registering for an event, you hereby give consent that we may include images of yourself intact or in part for material used in various publications, promotional activities, or other related endeavours. This material may also appear on the website and related social media pages of SQGTCC.

  1. Payment and Donations

Payments

9.1 You may make payment for various Goods and Services provided by us through the SQGTCC Platform (the “Paid Goods and Services”). All prices are stated in Singapore dollars. The prices exclude all applicable taxes and currency exchange settlements, unless stated otherwise.

Purchases are non-refundable refunds 

9.2 Purchases of Paid Goods and Services are final and non-refundable, except at our sole discretion and in accordance with the terms governing each Paid Good or Service (as the case may be). Termination under this Terms of Use may result in forfeiture of purchased Paid Goods or Services.

9.3 We may change the prices of any unpurchased Paid Goods and Services at any time at our discretion by posting such change in price(s) on our SQGTCC Platform.

The minimum Donation amount is SGD10

9.4 You may make donations to us through the SQGTCC Platform (“Donation(s)”).

9.5 The minimum Donation amount is SGD10 and all Donations shall be in whole dollars (no cents).

9.6 All Donations are non-refundable.

9.7 All Donations will only be used for the purpose specified (if any), or if unspecified, at our sole discretion, for the benefit of San Qing Gong Taoist Cultural Centre (Singapore) or any beneficiaries we deem fit.

9.8 For donations above SGD 1,000, please issue a cheque in favour of San Qing Gong Taoist Cultural Centre (Singapore) or by cash at our Office.

We use a third-party Payment Processor, whom we may change at any time

9.9 We use a Payment Processor to bill and collect payments and Donations from you. By making use of these payment services provided by our Payment Processor, you:

  1. agree to be bound by terms as laid down from time to time by the Payment Processor;
  2. consent and authorise us to delegate the authorisations and share information you provide to us with our Payment Processor, including information required to provide the Paid Services to you; and
  3. authorise us to charge you for the Paid Services or the Donations (as the case may be).

9.10 We may change a Payment Processor at any time and if so, we will inform you of the terms of the new Payment Processor.

9.11 The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due immediately upon demand.

9.12 We will provide you with an online billing statement by email or any other mediums at our discretion. You may also access your billing statements and transaction history via the SQGTCC Platform through your Account with us. If we make an error on your bill, you must inform us within 90 days from the date our email is sent to you. If you do not inform us within 90 days, you agree to release and/or discharge us from all liability and claims of loss resulting from the error. All charges and/or fees are final and non-refundable. If we have identified a billing error, we will endeavour to correct that error within 90 days.

9.13 If there is any payment due to you, you agree to timely and accurately provide us with any information we need to pay you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require a return of the erroneous payment from you. You agree to cooperate with us in our efforts to do this. We may also reduce any outstanding payment to you without notice to adjust for any previous overpayment.

9.14 Except where otherwise provided in these Terms, where you have incurred any liability to us, whether arising from or under these Terms or otherwise howsoever arising, we may without notice to you set-off the amount of such liability against any liability of us to you arising from or under these Terms, whether such liability is liquidated or unliquidated, present or future, accrued or contingent.

  1. Third Party Service Providers

You agree to our engagement of Third-Party Service Providers

10.1 You acknowledge that we may engage Third Party Service Providers to assist in the provision of Services. You consent and authorise us to delegate the authorisations you provide to us to the Third-Party Service Providers as we deem necessary.

10.2 Your use of certain Services may be provided by Third Party Service Providers (“Third Party Services”). The use of Third-Party Services may require your agreement to certain additional terms and conditions provided by the Third-Party Service Provider. These additional terms and conditions will be made available to you when, and if, you use the Third-Party Services.

10.3 You acknowledge that Third Party Service Providers are independent contractors as stipulated and we do not provide or exercise any control or oversight over or oversee the performance of Third-Party Service Providers in providing the Third-Party Services to you.

10.4 We are not responsible for any Third-Party Services, even if you have logged in through our SQGTCC Platform. In the event the performance of Third-Party Services requires access to Your Content, you agree that we may disclose such Content to the Third-Party Service Providers. You will not hold us responsible for any breach on the part of the Third-Party Service Providers, including but not limited to losses and/or damages suffered by you arising out of the access to Your Content.

10.5 We have the sole discretion to change, modify or discontinue, temporarily or permanently, any Third-Party Services offered to you without notice to you.

  1. Limitation of Liability

We set out the limits of the legal liability we may have to you 

11.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our gross negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

11.2 Save as set out at paragraph 11.1 above, we shall not be liable to you in other aspects, whether in contract, tort (including for negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, including:

  1. any indirect, incidental, exemplary, punitive or consequential loss, costs, damages, charges or expenses;
  2. any actions taken by us in good faith in accordance with the information and instructions you have provided in connection with the Services;
  3. any loss or damage caused by malware, distributed denial-of-service attack, or other harmful material that may infect your device, programs, data or other proprietary material due to your use of the SQGTCC Platform or Services;
  4. any damages relating to your access to, use of, or inability to access or use the SQGTCC Platform or Services;
  5. any damages relating to the conduct of a third party or another User, including without limitation, defamatory, offensive, unlawful or illegal conduct;
  6. any Content, services or goods provided by a related party to any Third-Party Service Provider, including the quality of such services or goods; and
  7. any consequences arising in connection with a Force Majeure Event.

11.3 Our total aggregate liability whether in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, including any professional and legal costs, arising in connection with the performance or contemplated performance of these Terms shall be limited to SGD 50.00. For the avoidance of doubt, the foregoing sets out our total financial liability to you in respect of any breach of these Terms, including but not limited to any Personal Data or data security breach.

  1. Termination

Termination

12.1 We may terminate this TOU at any time without notice and without reason. Upon termination, your right to access and use of the Services will automatically terminate, and you may not continue to access or use the Services.

Termination shall not affect certain clauses or rights

12.2 Termination of these Terms shall not affect the following:

  1. This Clause 12.2, Clauses 5 (Obligations), 13 (Governing law & Jurisdiction and Dispute Resolution), 14 (General Terms) of these Terms of Use; and
  2. Any fees accrued and unpaid by you prior to termination. For the avoidance of doubt, these unpaid fees will remain due and payable to us without demand.
  1. Governing law & Jurisdiction and Dispute Resolution

If we end up in a dispute, we will try to mediate before proceeding to the Courts of Singapore

13.1 These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Singapore.

13.2 Any dispute arising out of or in connection with this TOU must first be submitted for mediation at the Singapore Mediation Centre (“SMC”) in accordance with SMC’s Mediation Procedure in force for the time being, failing which the dispute shall be referred to and finally and conclusively resolved by the Courts of the Republic of Singapore.

13.3 Either/any party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 90 days thereof. Every party to the mediation must be represented by senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached.

13.4 You agree to submit to the exclusive jurisdiction of the Singapore Courts.

  1. General Terms

Waiver

14.1 No failure or delay by us to exercise any right or remedy provided under this Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

Severance

14.2 If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause 14.2 shall not affect the validity and enforceability of the rest of the Terms contained in these Terms of Use.

Entire Agreement

14.3 These Terms of Use constitute the entire agreement between the parties and supersedes all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between them relating to its subject matter.

Assignment

14.4 You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Terms of Use. However, we may at any time assign, transfer, charge, subcontract or deal in any other manner, with all or any of its rights or obligations under these Terms of Use without your consent.

Third Party Rights

14.5 No one other than a party to these Terms of Use, their successors and permitted assignees, shall have any right to enforce any of its terms.

No Partnership or Agency

14.6 Nothing in these Terms of Use is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person, save for Clause 2.3.

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