TERMS OF SERVICE
Welcome to Kura Kura
Welcome to the website and App of Kura Kura Pte. Ltd. ApS('Kura Kura Pte. Ltd.', 'we', 'us'). Kura Kura Pte. Ltd. provides a motivational and engaging journal service and wellness related content for Users who register accounts through the Site, or who download and install our App (hereinafter the Site and App may be collectively referred to as the 'Service').
Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us via email at [email protected]
Kura Kura is designed to be a self-help wellness program. The Services do not include the provision of medical care, mental health services or other professional services.
Use of the Services is not for emergencies. If you think you have a medical or mental health emergency, call 999/911 or go to the nearest open clinic or emergency room.
If you are considering or committing suicide or feel that you are a danger to yourself or others, you must discontinue use of the Services immediately, call 999/911 or notify appropriate police or emergency medical personnel.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible and terminate the associated account. If you believe that a child under 13 may have provided us personal information, please contact us via email at [email protected]
Kura Kura is available for download on Google Play and Apple App Stores. You may be required to sign up for an account, enter an email address and create a password. You agree to provide us with accurate, complete, and updated registration information about yourself. You may not enter an email address that you don’t have the right to use, or another person’s email with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and just in a manner that complies with all laws that apply to you. If applicable laws prohibit your use of the Services, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services means that you represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including Kura Kura);
Violates any law or regulation;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your Kura Kura account or anyone else’s (such as allowing someone else to log on as you on the Services);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the Services or Content (through use of manual or automated means);
Copies or stores any significant portion of the Content and/or share, post or distribute any considerable part of the Content elsewhere;
Decompiles, reverse engineers or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
Evidences mental health services needs that exceed those provided in the Services.
A violation of any of the previous is grounds for termination of your right to use or access the Services.
While the Services may provide access to certain general medical information, the Services cannot and are not intended to provide medical advice. We advise you to always seek the help of a physician or other qualified healthcare provider with any questions regarding your health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare providers because of something you have read on the Services. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
You acknowledge that, although individuals in the medical profession may provide some of the Content that is provided to you on the Services, including information provided in direct response to your questions or postings), the provision of such information does not create a medical professional-patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you in completing your self-help program.
No licensed medical professional-patient relationship is created by using information and/or services provided by or through the use of the Services or through any other communications from us. The content of the Services is not and should not be considered medical advice or a substitute for individual medical advice, diagnosis or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of something you may have read on the site. You should always talk to your medical professionals for diagnosis and treatment. Do not use the Services for emergency medical needs. If you experience a medical emergency, call 999. Your use of information provided on the Services is solely at your own risk. Nothing stated, posted or available on the Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.
Subject to this Agreement, Kura Kura Pte. Ltd. hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Service through a user identification reference provided by Kura Kura Pte. Ltd. ('User ID') to the extent, and only to the extent, necessary to access and use our Service in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Service or otherwise distribute in any way the components of the Service other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt
to transfer any right in the Service, create derivative works based on or in any manner commercially exploit the Service, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Service for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” You grant Kura Kura the license to display, perform, and distribute your User Submission for the sole purpose of making that User Submission accessible to you and providing the Services necessary to do so.
You agree that the licenses you grant are royalty-free, perpetual, sub-licensable, irrevocable, and worldwide.
We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of repeat alleged infringes.
Any information or content posted or transmitted through the Services is the sole responsibility of the person from whom such content originated. Additionally, you access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.
We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what measures you may take as a result of having been exposed to the Content, and you at this moment release us from all liability for you having acquired or not acquired Content through the Services.
Our Services and the Content provided therein are for informational and educational purposes and are not a substitute for the professional judgment and advice of healthcare professionals. The Content and the Services are not intended to be used for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information. Kura Kura is not responsible or liable for any claim, loss, or damage arising from the use of the information.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Kura Kura has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. Also, Kura Kura will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with interaction with any of these third parties. You agree that Kura Kura shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on the Services, or between users and any third party, you agree that Kura Kura is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Kura Kura, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Change of Service
We are always trying to improve the Services and they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Change of Terms
These Terms may need to change along with the Services as they evolve. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, and/or by sending you an email and/or by some other means.
If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Kura Kura is currently offered to employees via company subscription or to general users without charge. However, future versions will have certain features provided via a premium subscription. Complimentary users will only have access to a limited pool of features as determined by the developers.
Termination of Use
Kura Kura is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Kura Kura has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in the destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you can retrieve any User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Kura Kura.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or reimburse us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
App Store and Play Store Legal Information
These Terms apply to your use of all the Services, including the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), and the Android applications available via the Google, Inc. (“Google”) Play Store (the “Application”), but the following additional terms also apply to the Application:
Both you and Kura Kura acknowledge that the Terms are concluded between you and Kura Kura only, and not with Apple and Google, and that Apple and Google are not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple or Google of such failure; upon notification, Apple and Google’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that Kura Kura, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Kura Kura, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
Both you and Kura Kura acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of the agreement which may affect or be affected by such use; and
Both you and Kura Kura acknowledge and agree that Apple and Apple’s subsidiaries and Google and Google’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
Warranty, Assignments and Miscellaneous
Warranty Disclaimer. Kura Kura does not make any representations or warranties concerning any content contained in or accessed through the services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the services. services purchased or offered (whether or not following such recommendations and suggestions) through the services are provided “AS IS” and without any warranty of any kind from Kura Kura or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
The services and content are provided on an “as-is” basis, without warranties or any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your services account, in any way (by operation of law or otherwise) without Kura Kura’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Miscellaneous. You will be responsible for paying withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the services, provided that Kura Kura may, in its sole discretion do any of the preceding on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Kura Kura agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Kura Kura, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Kura Kura in any respect whatsoever. Except as expressly outlined in the section above regarding the Apple and Google application, you and Kura Kura agree there are no third party beneficiaries intended under this Agreement.
The Service is offered and available to users who are 13 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Kura Kura Pte. Ltd. and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
The Service and its Content are intended solely for personal and non-commercial use by you. Any use of the Service or its Content other than for personal and non-commercial purposes is strictly prohibited.
What We Own
Unless otherwise noted, all material and services available on the Site or through the App, and all material and services provided by or through the Service, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and 'look and feel,' layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the 'Content') are the intellectual property of Kura Kura, our licensors, and our contributors. The Content is protected by copyright, trademark, trade-dress, and any other applicable national or international intellectual property laws. All Kura Kura trademarks and service marks, logos, slogans and taglines are the property of Kura Kura. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Kura Kura Pte. Ltd. without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
Use of the Service
We reserve the right to withdraw or amend this Site, our App, and any Service or material we provide, including the wellness content services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site or Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or our App, to users, including registered users.
Purchasers of our Premium subscription will need to pay for a monthly or annual subscription prior to unlocking Premium content. All sales are final, and we do not offer refunds for our Premium subscription.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service using your user name, password, cell phone number, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Reliance on the Information Sent
The information sent via Kura Kura Pte. Ltd.’s Service, or presented on or through the Site or our App, is made available solely for general information purposes. We do not warrant the accuracy, completeness, usefulness, or safety of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS OR THE CONTENTS OF THE SERVICE.
Content You Provide to Us
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other Content uploaded, posted or stored in connection with your use of the Kura Kura Pte. Ltd. Service. Kura Kura Pte. Ltd. is not responsible for your Content. You hereby grant Kura Kura Pte. Ltd. a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Service, and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Service. You are encouraged to archive your Content regularly and frequently.
The owner of the Service is based in Singapore. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from
outside Singapore, you do so on your own initiative and are responsible for compliance with local laws and cell phone service provider rates and terms of service.
Image and Video
Kura Kura Pte. Ltd. may send or display images, audio, and video (the 'Material') from time to time. The types of Material Users are authorized to access on the Site includes Material commissioned by Kura Kura Pte. Ltd., embedded Material, Material we believe to be covered by the Fair Use Doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.
If Kura Kura Pte. Ltd. publishes Material that you think infringes your copyright, please email us at [email protected] and we will address your concerns. We reserve the right, at our sole discretion, to remove any Content without prior notice.
Accuracy of Information
While we strive for accuracy, information on the site may sometimes contain errors or inaccuracies. Kura Kura Pte. Ltd. does not make any warranty as to the correctness or reliability of the site's content or any text messages we send out to Users.
Our Site will occasionally contain links to, and quotation of, Material from other sites. Kura Kura Pte. Ltd. is responsible for neither the content nor the privacy practices of other sites. We encourage our users to be aware when they leave Kura Kura Pte. Ltd.’'s Site, and to read the privacy statements of any website that may collect personally identifiable information.
No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. Kura Kura Pte. Ltd. has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of user information.
Disclaimer and Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE, CONTENT, PRODUCTS AND/OR SERVICE ON THE SITE OR ELSEWHERE ARE PROVIDED 'AS IS' AND ON AN 'AS AVAILABLE' BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, Kura Kura Pte. Ltd. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. R DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, Kura Kura Pte. Ltd. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE SITE, TEXT MESSAGES, SERVICES, CONTENT, THE CONTENT OF ANY THIRD-PARTY SITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION, INFORMATION PROVIDED BY US OR OUR VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO FROM THE SITE.
Kura Kura Pte. Ltd. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ANY, ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, SERVICES,
INFORMATION, SITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, PRODUCTS, SERVICES OR ANY THIRD PARTY SITE(S), PRODUCTS OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THIRD PARTY SITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR ANY THIRD PARTY SITE(S) BY Kura Kura Pte. Ltd. OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY SITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
NO PERSON (INCLUDING ANY AGENT, DEALER OR REPRESENTATIVE OF Kura Kura Pte. Ltd.) IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY CONCERNING Kura Kura Pte. Ltd.'S SITE AND SERVICES, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY OTHER WARRANTIES OR REPRESENTATIONS.
IN NO EVENT SHALL Kura Kura Pte. Ltd. OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, MATERIALS, CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE SITE OR ANY THIRD-PARTY WEBSITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Kura Kura Pte. Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR SOLE REMEDY AGAINST Kura Kura Pte. Ltd. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF Kura Kura Pte. Ltd. IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, ANY CONTENT, OR PURCHASE OF ANY PRODUCTS OR SERVICES ON OR THROUGH THE SITE, Kura Kura Pte. Ltd.'S LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
For any dispute you have with Kura Kura Pte. Ltd., you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. If Kura Kura Pte. Ltd. has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through arbitration administered by the Singapore International Arbitration Centre (“SIAC”), in accordance with the Arbritration Rules of the SIAC (“SIAC Rules”) for the time being in force. Unless you and Kura Kura Pte. Ltd. agree otherwise, the arbitration will be conducted in the county where Kura Kura Pte. Ltd.'s headquarters are located (Singapore). Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with SIAC rules.
These Terms of Service are effective unless and until terminated by either you or Kura Kura Pte. Ltd.. You may terminate these Terms of Service as they apply to you at any time by ceasing to use the Site. Kura Kura Pte. Ltd. may terminate these Terms of Service at any time immediately and without notice, and accordingly deny you access to the Site, for any reason in its sole discretion; however, the provisions in these Terms of Service that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms of Service.
If any portion of these Terms of Service is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms of Service shall remain in full force and effect. The failure of Kura Kura Pte. Ltd. to insist upon or enforce strict performance by you of any provision of these Terms of Service shall not be construed as a waiver of any provision or right.
Changes to our Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction and Arbitration above will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site.
Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Notice of Changes and Use of Terms of Service
We may provide notice to you relating to the Site and/or these Terms of Service by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms of Service and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Service and/or the Site must commence within one (1) year after the cause of action arises. If you access the Site from a location outside of Singapore, you are responsible for compliance with all local laws.